Nabco Enterprises Uganda Ltd v Registered Trustees of Jesuit (Civil Appeal No. 21 of 2018)
Observed later treatment
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.
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Holding
The Court of Appeal, on a first appeal re-evaluating the evidence, upheld the trial court's finding that the contractor appellant breached the construction contract by supplying defective iron sheets which it failed to rectify. The court accepted the independent UNBS test showing the sheets failed standards over the supplier's report and the expert's 'afterthought' explanation that defects were due to age. It held the appellant, not the respondent, breached the solar panel obligation. On VAT, it held the respondent's educational-services exemption did not extend to supply of hydroform blocks, and the appellant failed to prove a VAT refund. Having failed on all grounds, the appellant was not entitled to damages or costs. The appeal was dismissed with costs.
Outcome
Appeal dismissed; trial court's dismissal of the appellant's breach of contract claim upheld
Facts
The appellant building contractor entered into a contract on 20 May 2013 with the respondent, a Catholic nonprofit trustee, to construct a classroom block at Ocer Campion Jesuit College, Gulu. Disagreements arose over iron sheets used for roofing, which the respondent said were peeling and should be replaced. The appellant's supplier, Uganda Baati, found scratches from mishandling that could be remedied by painting. The respondent refused to pay for the iron sheets, contracted another supplier to install solar panels (alleged to be part of the appellant's work), and withheld VAT. Three assessment reports were obtained: a Uganda Baati report, a first UNBS test (basic parameters, no defect found), and a second UNBS test conducted independently in Gulu finding the sheets failed bend, appearance, impact, chemical resistance and zinc-aluminium tests. The appellant sued for the cost of iron sheets, solar panel installation costs and withheld VAT. The trial court dismissed the claim, ordering each party to bear own costs. The appellant appealed.
Issues
- Whether the trial Judge properly evaluated the evidence in finding that the iron sheets supplied by the appellant were defective and that the appellant breached the construction contract.
- Whether the trial Judge erred in disregarding the expert evidence of DW3.
- Whether the appellant or the respondent breached the obligation to install solar panels.
- Whether the respondent was liable to pay VAT on the supply of hydroform blocks and machine hire.
- Whether the appellant was entitled to general damages, interest and costs.
Orders
- Appeal dismissed with costs here and in the lower court.
Rules and key headnotes
Legislation cited (6)
- Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 30(1)(a)
- Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 32
- Value Added Tax Act s.19
- Value Added Tax Act Second Schedule s.1(g)
- Value Added Tax Act Second Schedule s.2
- Sale of Goods Act
Cases cited (7)
- Pandya v R [1957] EA 336
- Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
- Coghlan v Cumberland (1898) 1 Ch. 704
- Uganda Commercial Bank v Kigozi (2002) 1 EA 305
- Ahimbisibwe v Akright Projects Ltd (Civil Suit No. 832 of 2007)
- Stanbic Bank v Sekalega (Civil Suit No. 185 of 2009)
- Uganda Development Bank v Muganga Construction Company LTD (1981) HCB 35
Cases citing this judgment (6)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
- Bangi v Mutyabule (Civil Appeal 119 of 2016)
- Baluku and 2 Others v Amara (Civil Appeal No. 15 of 2023)
- Birungi v Kakyo (Civil Appeal No. 32 of 2022)
- Birungi v Kakyo (Civil Appeal No. 32 of 2022)
- Birungi v Kakyo [2022] UGHCCD 244
- Nabco Enterprises Uganda Limited v Registered Trustees of the Jesuit (Civil Application 39 of 2021)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.