Wakilii

Ngabirano Emmanuel v Goodnews Investments Limited and Another (Civil Suit No. 1436 of 2024)

High Court · [2026] UGCOMMC 160 · 2026 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, heard ex parte after defendants failed to appear
Decision
Judgment entered for the plaintiff with orders for payment of outstanding contractual sum, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that defendants breached a tractor hire contract by failing to pay the outstanding balance of UGX 119,344,000, refusing to avail the remaining contracted acreage for ploughing and harrowing, and engaging another contractor without the plaintiff's knowledge. The court awarded the outstanding contractual sum, general damages of UGX 50,000,000, interest at 20% per annum on the principal sum and 6% per annum on general damages, and costs. Special damages for equipment depreciation and confiscation were denied for lack of strict proof.

Outcome

Judgment entered for the plaintiff with orders for payment of outstanding contractual sum, general damages, interest, and costs

Facts

On 13 April 2023, the plaintiff and first defendant executed a tractor hire agreement for land preparation services on 5,000 acres in Aswa ranch, Pader District, at UGX 110,000 per acre for ploughing and UGX 80,000 per acre for harrowing. The defendants only availed 1,250 acres free of stumps and wood. The plaintiff completed work on the 1,250 acres, for which the total cost was UGX 179,344,000. The defendants paid only UGX 60,000,000, leaving a balance of UGX 119,344,000. The defendants refused to avail the remaining 3,500 acres and engaged another contractor to complete the work without the plaintiff's knowledge or consent. The plaintiff had acquired equipment by hire purchase and alleged the equipment was confiscated due to non-payment. The defendants did not appear at trial despite proper service.

Issues

  1. Whether the Defendants breached the contract?
  2. Whether the Plaintiff is entitled to the remedies being sought?

Orders

  • The Defendants are hereby ordered to pay UGX 119,344,000/= (Uganda Shillings One Hundred Nineteen Million Three Hundred Forty Four Thousand Only) to the Plaintiff, being the outstanding balance for the services rendered.
  • The Plaintiff is hereby awarded general damages of UGX 50,000,000/= (Uganda Shillings Fifty Million Only).
  • Interest is awarded on the sum in (1) above at a rate of 20% per annum from the date of filing the suit until payment in full.
  • Interest is awarded on the sum in (2) above at a rate of 6% per annum from the date of Judgment until payment in full.
  • Costs of this suit are awarded to the Plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Failure to Pay Contractual Sum
A party breaches a contract when it fails to pay the agreed contractual sum for services rendered in accordance with the contract terms.
Contract Law — Breach of Contract — Failure to Perform Reciprocal Obligations
Where a contract obligates one party to make land available for services and that party refuses to avail the contracted acreage, such refusal constitutes a breach of the reciprocal obligations under the contract.
Contract Law — Breach of Contract — Engaging Third Party Without Consent
A party breaches a contract when it engages another contractor to perform the work contracted to the original contractor without the latter's knowledge or consent.
Damages & Quantum — General Damages — Assessment for Breach of Contract
General damages for breach of contract are awarded to compensate the injured party for frustration, deprivation of money, anguish, economic loss, and unexpected loss of income resulting from the breach, assessed at the court's discretion considering the circumstances of the case.
Damages & Quantum — Special Damages — Strict Proof Requirement
Special damages must be specifically pleaded and strictly proved by documentary evidence or direct evidence such as testimony of a person who received or paid, or expert testimony. Claims for equipment depreciation, confiscation costs, and loss of use must be supported by such evidence and cannot be awarded on assertion alone.
Civil Procedure — Ex Parte Proceedings — Non-Appearance Despite Service
Where a defendant fails to appear for hearing despite being duly served with notice of the hearing date, the court may proceed ex parte under Order 9 rule 20(1)(a) of the Civil Procedure Rules.

Legislation cited (10)

Cases cited (18)

  • William Kasozi v DFCU Bank Ltd (High Court Civil Suit No. 1326 of 2000)
  • Ronald Kasibante v Shell Uganda Ltd (High Court Civil Suit No. 542 of 2006)
  • John Bwiza v Patrick Yowasi Kadama (Court of Appeal Civil Appeal No. 35 of 2011)
  • Cheng Chao and 2 Others v Zhang Jun and 3 Others (Civil Suit No. 220 of 2020)
  • Meridiana Africa Airlines (U) Ltd v Avmax Spares (EA) Ltd (Civil Suit No. 111 of 2017)
  • Omega Bank Plc Vs O.B.C. Limited (2005) 8 NWLR (pt.928)
  • Fina Bank Ltd Vs Spares and Industries Ltd (2000) 1 EA 52
  • Kabandize John Baptist and 21 Others v Kampala Capital City Authority (Court of Appeal Civil Appeal No. 36 of 2016)
  • Takiya Kashwahiri & Another v Kajungu Denis (Court of Appeal Civil Appeal No. 85 of 2011)
  • Uganda Commercial Bank Vs Deo Kigozi [2002] 1 EA 305
  • Mugabi John v Attorney General (High Court Civil Suit No. 133 of 2002)
  • W.M Kyambadde Vs Mpigi District Administration [1983] HCB 44
  • Gapco (U) Ltd v A.S Transporters (U) Ltd (Court of Appeal Civil Appeal No. 18 of 2004)
  • Haji Asuman Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
  • Milly Masembe v Sugar Corporation (U) Ltd and Another (Supreme Court Civil Appeal No. 1 of 2000)
  • Wallersteiner Vs Moir [1975] 1 All ER 849
  • Mohanlal Kakubhai Radia v Warid Telecom Uganda Ltd (High Court Civil Suit No. 224 of 2011)
  • Uganda Development Bank Vs Muganga Construction Co. Ltd [1981] H.C.B 35

Full judgment

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Ngabirano Emmanuel v Goodnews Investments Limited and Another (Civil Suit No. 1436 of 2024) [2026] UGCommC 160 (16 April 2026)
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.