Mugerwa v Wagona (Civil Suit 619 of 1992)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Plaintiff sued defendant for breach of alleged partnership agreement relating to coffee processing business and failure to service bank loan secured by plaintiff's mortgaged land. At hearing, plaintiff's counsel sought to withdraw the suit. Upon resistance, both counsel consented to dismissal with costs. The court dismissed the suit with costs by consent.

Outcome

Suit dismissed with costs by consent at hearing stage

Facts

In 1990, plaintiff allegedly entered into partnership with defendant for buying, processing and selling coffee. Plaintiff provided capital; defendant provided account licence, mill number and other business registrations. The parties agreed to raise partnership capital by mortgaging plaintiff's land title to secure a loan from Interstate Finance Company Ltd. Plaintiff executed the mortgage and obtained the loan. Coffee was purchased, processed and sold to Coffee Marketing Board, with payments made through defendant's account. Defendant allegedly refused or neglected to pay money to service the bank loan. Interstate Finance Company threatened to sell plaintiff's mortgaged land. Plaintiff sued for breach of contract seeking repayment of loan plus interest, general damages, costs and interest at 49% per annum. Defendant denied the claim. At hearing, plaintiff's counsel sought to withdraw the suit but this was resisted. Both counsel then consented to dismissal with costs.

Orders

• Suit dismissed with costs by consent of both counsel.

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