Wakilii

Lowi Roadways Co. Ltd. v Madi Co-operative Union Ltd. (Civil Suit 452 of 1995)

High Court · [1994] UGHC 124 · 1994 Claim Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract following interlocutory judgment in default of appearance
Decision
Plaintiff's claim dismissed for failure to prove entitlement to relief claimed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the plaintiff's claim for payment of an outstanding balance for cotton supplied and related special damages. The court held that despite an interlocutory judgment having been entered, the plaintiff failed to discharge its burden of proof at the formal proof stage by not tendering delivery notes, accounts, or sufficient evidence establishing the quantum or basis of the debt claimed.

Outcome

Plaintiff's claim dismissed for failure to prove entitlement to relief claimed

Facts

The plaintiff, a cotton buying company, entered into a commercial arrangement with the defendant co-operative union in January 1992 to purchase and supply cotton from farmers in Madi. The plaintiff obtained a Cotton Buyers Licence and delivered cotton to the defendant between February and June 1992 worth over shs. 48 million. The plaintiff claimed the defendant failed to pay a balance of shs. 4,705,560 for cotton supplied, plus commission and transport. The plaintiff also claimed shs. 1,242,000 in transport and subsistence expenses incurred between July 1992 and April 1995 travelling between Kampala and Adjumani to demand payment. The defendant was served but did not enter appearance. An interlocutory judgment was entered in default and the matter proceeded to formal proof.

Issues

  1. Whether the plaintiff proved its claim for special damages of shs. 1,242,000 for transport and subsistence expenses incurred while attempting to recover the debt.
  2. Whether the plaintiff proved its claim for shs. 4,705,560 being the balance allegedly due for cotton supplied to the defendant.

Orders

  • The plaintiff's claim is dismissed.
  • No order as to costs as the defendant did not appear.

Rules and key headnotes

Civil Procedure — Interlocutory Judgment — Formal Proof — Burden of Proof
Where an interlocutory judgment has been entered in default of appearance under Order 9 rule 6 of the Civil Procedure Rules, the plaintiff remains under a duty at the formal proof stage to adduce sufficient evidence to establish the quantum and basis of the claim, and cannot rely solely on the allegations in the plaint.
Evidence — Documentary Evidence — Failure to Produce — Effect on Proof
Where a plaintiff seeks to recover payment for goods supplied under a commercial contract but fails to tender delivery notes, statements of account, or other business records in support of the claim, the court cannot establish the quantum of the debt on the basis of generalised oral testimony alone.
Contract Law — Damages — Special Damages — Travel and Subsistence Costs
A plaintiff who fails to establish the principal debt cannot succeed on a claim for special damages allegedly incurred in attempting to recover that debt. Further, expenses for travel and subsistence to meet a district administrator to discuss a commercial debt between business organisations are not ordinarily recoverable as special damages.

Legislation cited (1)

  • Civil Procedure Rules O.9 r.6

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Lowi Roadways Co. Ltd. v Madi Co-operative Union Ltd. (Civil Suit 452 of 1995) [1994] UGHC 124 (20 October 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.