Mugerwa v Wagona T.A Skyline Coffee Processors (Civil Suit No. 619 of 1992)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Suit for breach of partnership agreement and loan repayment dismissed by consent of both parties after plaintiff sought to withdraw and defendant resisted, with costs awarded to defendant.
Outcome
Suit dismissed by consent with costs to defendant
Facts
In 1990, plaintiff entered into a partnership with defendant for buying, processing and selling coffee. Plaintiff provided capital and mortgaged his land to secure a loan from Interstate Finance Company Ltd for the partnership business. The defendant provided his licence, mill number and account number. Coffee was purchased, processed and sold to Coffee Marketing Board, with payments made through defendant's account. Plaintiff alleged defendant refused to service the bank loan, leading Interstate Finance Company Ltd to threaten foreclosure on plaintiff's mortgaged land. Plaintiff brought suit for breach of contract. After pleadings, at hearing plaintiff's counsel sought to withdraw the suit, defendant resisted, and both parties consented to dismissal with costs.
Orders
- Suit dismissed with costs to the defendant.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.