Wakilii

Mohammed Abdallah v Juma Mubiru (CIVIL SUIT NO. 66 95)

High Court · [1996] UGHCCD 4 · 1996 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract and recovery of purchase price
Decision
Judgment entered for the plaintiff with recovery of purchase price and general damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a valid contract existed between the parties for the purchase of a reconditioned vehicle at UGX 8,800,000. The defendant breached the contract by failing to deliver the vehicle after receiving full payment. The plaintiff was entitled to a refund of UGX 8,800,000 and general damages of UGX 440,000 (5% of the purchase price) for breach of contract, non-use of the vehicle, and inconvenience. The defendant abandoned his counterclaim during cross-examination.

Outcome

Judgment entered for the plaintiff with recovery of purchase price and general damages

Facts

The plaintiff and defendant, who were brothers-in-law, agreed in 1994 that the defendant would import a reconditioned motor vehicle from Dubai for the plaintiff. The plaintiff paid the agreed purchase price of UGX 8,800,000 in two instalments (UGX 1,800,000 and UGX 7,000,000). The defendant received the money and agreed to deliver the vehicle within three months from August 19, 1994. The defendant failed to deliver the vehicle. The defendant's position was that the plaintiff had changed his mind and refused to accept delivery, no longer wanting to engage in taxi business. The defendant subsequently sold the vehicle to a third party. The plaintiff maintained that the defendant never delivered the vehicle despite full payment.

Issues

  1. Whether there was any valid contract between the parties.
  2. Who was in breach of the contract.
  3. Whether the plaintiff is entitled to the remedies prayed for.
  4. Whether the defendant's counterclaim should be allowed.
  5. Quantum of damages.

Orders

  • Judgment entered for the plaintiff against the defendant.
  • Defendant to pay plaintiff UGX 8,800,000 being refund of money paid.
  • Defendant to pay plaintiff UGX 440,000 as general damages.
  • Total judgment sum: UGX 9,240,000.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Contract Law — Formation — Valid Contract — Agreement Between Parties for Purchase of Motor Vehicle
Where parties agree on the purchase and importation of a motor vehicle, the purchaser pays the agreed purchase price, and the seller agrees to deliver within a specified time, a valid contract of sale exists between the parties.
Contract Law — Breach of Contract — Failure to Deliver — Seller's Obligations
A seller who receives full payment of the agreed purchase price but fails to deliver the goods is in breach of contract, notwithstanding claims that the purchaser declined to accept delivery, particularly where the seller subsequently sells the goods to a third party.
Contract Law — Evidence — Contradictory Statements — Credibility
Where a defendant gives contradictory evidence as to the agreed purchase price, stating one amount in the written statement of defence and a different amount in oral testimony, and changing the description of the goods from new to reconditioned, the court may find the defendant's evidence insincere and prefer the plaintiff's account.
Damages & Quantum — General Damages — Breach of Contract — Assessment at Percentage of Purchase Price
In a case of breach of contract for non-delivery of goods, general damages for breach of contract, non-use of the goods, and inconvenience may be assessed as a percentage of the purchase price paid. An award of 5% of the purchase price is reasonable in appropriate circumstances.
Contract Law — Remedies — Failure of Consideration — Recovery of Purchase Price
Where a purchaser pays the full purchase price but the seller fails to deliver the goods, there is a total failure of consideration and the purchaser is entitled to recover the full amount paid.

Full judgment

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

Mohammed Abdallah v Juma Mubiru (CIVIL SUIT NO. 66_95) [1996] UGHCCD 4 (8 July 1996)
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.