Meena Industries Limited v Agri Exim Limited (Civil Suit 880 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that a valid contract for supply of agricultural produce existed between the parties, established through signed delivery notes and invoices acknowledged by the defendant's representative. The court found the defendant indebted to the plaintiff for UGX 660,323,750, rejecting the defendant's fraud allegations due to lack of evidence. The court awarded the principal sum, general damages of UGX 100,000,000, and interest at 8% per annum from the date of filing suit.
Outcome
Judgment entered in favour of the plaintiff for the principal sum, general damages, interest, and costs. Counterclaim dismissed.
Facts
Meena Industries Limited supplied agricultural produce (simsim, soyabean, and chai) to Agri Exim Limited between July 2020 and July 2021 through multiple consignments supported by delivery notes and invoices. The total value of supplies was UGX 5,617,328,750. The defendant paid UGX 4,957,005,000, leaving an outstanding balance of UGX 660,323,750. The defendant denied owing the balance, alleging fraud involving the plaintiff and a former branch manager, Gajanan Ashok Patel, who signed the delivery notes and invoices on behalf of the defendant. The defendant claimed the delivery notes and invoices were falsified and that it had paid for all legitimate deliveries. The plaintiff maintained that the supplies were genuine and properly documented.
Issues
- Whether the defendant is indebted to the plaintiff for the sum of UGX 660,323,750 for supply of agricultural produce.
- What remedies are available to the parties.
Orders
- The defendant shall pay the plaintiff the sum of UGX 660,323,750 being the outstanding sum for the supplied agricultural produce.
- Interest is awarded on the sum in (1) above at the rate of 8% per annum from the date of filing this suit until payment in full.
- The plaintiff is awarded general damages of UGX 100,000,000.
- The plaintiff is awarded costs of the suit.
- The counterclaim is dismissed with no order as to costs.
Rules and key headnotes
Legislation cited (13)
- Contracts Act Cap 284 s.9(1)
- Contracts Act Cap 284 s.9(2)
- Contracts Act Cap 8 s.10(5)
- Sale of Goods and Supply of Services Act Cap 292 s.2(1)
- Sale of Goods and Supply of Services Act Cap 292 s.3
- Sale of Goods and Supply of Services Act Cap 292 s.5
- Sale of Goods Act Cap 79 s.35
- Sale of Goods Act Cap 79 s.36
- Sale of Goods Act Cap 79 s.42
- Evidence Act Cap 8 s.101
- Civil Procedure Act s.26(2)
- Civil Procedure Act s.27(2)
- Civil Procedure Rules Order 13 rule 6
Cases cited (18)
- Sulaiman Mukasa Kaddu v Lugo Orphanage Centre (Civil Suit No. 151 of 2004)
- Africa Polysack Industries Limited v Sugar and Allied Industries Limited (Civil Suit No. 174 of 2016)
- Anthony Nsibirwa Sseruwagi v Alnoor Jamani Shasultan Meherali Karim Tejani & Hermion Uganda Limited (Civil Suit No. 1024 of 2019)
- Gulf Cross Limited and Another v Shree Hari Tiles Limited and Another (Civil Suit No. 753 of 2018)
- Britain v Rossiter (1879) 11 QBD 123
- Microstar Computers (U) Limited v IT Office (U) Limited (Civil Suit No. 718 of 2022)
- Kampala Bottlers Ltd v Damanico (U) Ltd (Supreme Court Civil Appeal No. 22 of 1992)
- Afro Kai Limited and Another v Kiir For Services and Construction Co. Limited (Civil Suit No. 492 of 2015)
- Storms v Hutchinson [1905] AC 515
- Kabona Brothers Agencies v Uganda Metal Products & Enamelling Co Ltd [1981-1982] HCB 74
- James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 13 of 1993)
- Erukana Kuwe v Isaac Patrick Matovu and Another (High Court Civil Suit No. 177 of 2003)
- Hadley v Baxendale (1854) 9 Exch 341
- Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
- Musisi Edward v Babihuga Hilda [2007] HCB 84
- London, Chatham & Dover Ry. Co. v South Eastern Ry. Co. (1892) 1 Ch. 120
- Carmichael v Caledonian Railway Co. (1870) 8 M (HL) 119
- Riches v Westminster Bank Ltd [1947] 1 All ER 469
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.