Wakilii

Namu & Company Ltd v Board of Governors Bugwere High School (Civil Suit No. 3 of 2024)

High Court · [2025] UGHC 1358 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of debt arising from breach of contract for supply of goods
Decision
Judgment entered for the plaintiff with recovery of debt, general damages, costs, and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the defendant breached a contract for supply of maize flour by failing to pay the full purchase price within a reasonable time. The plaintiff supplied goods worth UGX 140,807,700 between February and June 2023; the defendant paid only UGX 30,000,000, leaving a balance of UGX 110,807,700 unpaid for over two years. The court awarded the plaintiff the outstanding balance, general damages of UGX 20,000,000 for breach of contract, costs, and interest at 5% from judgment until full recovery.

Outcome

Judgment entered for the plaintiff with recovery of debt, general damages, costs, and interest

Facts

The plaintiff, a trading company, supplied 42,669 kg of maize flour to the defendant's school between 15 February 2023 and 22 June 2023 at UGX 3,300 per kilogram, totalling UGX 140,807,700. The supplies were made pursuant to a mutual oral arrangement for the plaintiff to supply maize flour every academic term in 2023. Each delivery was acknowledged by the defendant's storekeeper through goods receiving notes. The defendant paid UGX 30,000,000 in two instalments (UGX 20,000,000 on 2 June 2023 and UGX 10,000,000 on 9 February 2024), leaving a balance of UGX 110,807,700 unpaid. The plaintiff issued a demand notice on 9 February 2024. The defendant's witness, a board member, admitted the school was indebted but claimed it was awaiting the court's determination. No written contract specified payment terms.

Issues

  1. Whether there was breach of contract by the defendant?
  2. Whether the defendant is indebted to the plaintiff?
  3. What remedies are available to the parties?

Orders

  • The plaintiff is granted an order for recovery of UGX 110,807,700 from the defendant.
  • The plaintiff is awarded general damages of UGX 20,000,000 for breach of contract.
  • The plaintiff is awarded costs of the suit.
  • Interest of 5% on the principal sum and general damages from the date of judgment until full recovery.

Rules and key headnotes

Contract Law — Sale of Goods — Formation — Oral Contracts and Performance
A contract of sale of goods may be made orally, in writing, partly in writing and partly orally, in the form of a data message, or implied from the conduct of the parties. Multiple writings such as delivery notes and goods receiving notes, coupled with performance through supply and acceptance of goods, constitute sufficient evidence of an enforceable oral contract.
Contract Law — Breach of Contract — Time for Performance — Reasonable Time
Where a contract does not specify the time for performance, the promisor must perform the engagement within a reasonable time. What constitutes reasonable time depends on the circumstances of each case and means such time as is necessary to do conveniently what the contract requires. A period of over two years without payment for goods supplied on credit is beyond any stretch of reasonableness in the normal conduct of business and constitutes breach of contract.
Contract Law — Contractual Documents — Binding Effect of Signature
A party who signs a contractual document or acknowledgment is bound by its contents. In the absence of fraud or misrepresentation, it is immaterial whether the signatory has read the document or not. A party alleging fraud or misrepresentation must demonstrate it in evidence; failure to do so renders the signatory bound by the signed document.
Damages & Quantum — General Damages — Breach of Contract — Assessment
General damages for breach of contract are presumed to be the natural or probable consequence of the defendant's act and need not be specifically pleaded or proved. The quantum of general damages is determined by the opinion and judgment of a reasonable person as to what sum would be reasonably awarded in the circumstances. Where a plaintiff has been deprived of the use of money for over two years and thereby prevented from investing it in commercial activities to generate profit, the plaintiff has suffered a financial setback warranting an award of general damages.
Evidence — Burden and Standard of Proof — Civil Cases — Balance of Probabilities
In civil cases, the burden of proof lies on the party who alleges the existence of a particular fact, and the standard of proof is on a balance of probabilities. The evidence must carry a reasonable degree of probability such that the tribunal can say it is more probable than not, though not so high as required in criminal cases.

Legislation cited (7)

Cases cited (9)

Full judgment

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

Namu & Company Ltd v Board of Governors Bugwere High School (Civil Suit No. 3 of 2024) [2025] UGHC 1358 (12 December 2025)
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.