Wakilii

Sarin Industrial Corporation v Twongyere (Civil Suit No. 347 of 2006)

High Court · [2013] UGCOMMC 69 · 2013 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money owed for goods supplied, heard ex parte after defendant failed to appear
Decision
Judgment entered in favour of the plaintiff for the full principal sum claimed, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant admitted indebtedness for bicycle parts supplied by the plaintiff in 1998. Through correspondence spanning 1998 to 2002, the defendant repeatedly acknowledged owing US$29,555 after partial payments. Under the Sale of Goods Act s.48(1), the seller is entitled to sue for the price where the buyer wrongfully refuses to pay. The plaintiff was awarded the principal sum of US$29,555, general damages at 28% of the principal, interest at 18% per annum from July 2002 to judgment, and 20% per annum thereafter until full payment, plus costs.

Outcome

Judgment entered in favour of the plaintiff for the full principal sum claimed, general damages, interest, and costs

Facts

In 1998, the plaintiff, an Indian company dealing in bicycle parts, supplied two consignments of bicycle parts to the defendant worth a total of US$58,905. The goods were delivered via containers and cleared through customs by the defendant. The defendant made only partial payment, leaving a balance of US$29,555. Between October 1998 and July 2002, the defendant sent multiple letters to the plaintiff acknowledging the outstanding debt and promising to pay in installments. The defendant committed to paying Uganda shillings 150,000 (US$100) daily and later promised to remit US$5,000 in August 2002. Despite these promises and numerous demands from the plaintiff, including a visit to Kampala and demands through lawyers, the defendant failed to clear the outstanding balance. The suit was initially dismissed for want of prosecution in 2009 but was reinstated in January 2010. After the defendant failed to appear on 9 May 2011, the court granted leave to proceed ex parte.

Issues

  1. Whether the defendant is indebted to the plaintiff for the sum of US$29,555 for goods supplied.
  2. What remedies the plaintiff is entitled to, including interest and general damages.

Orders

  • Judgment entered for the plaintiff for US$29,555 being the principal sum owed.
  • General damages awarded at 28% of the principal sum (US$8,275.40).
  • Interest awarded at 18% per annum on the principal from July 2002 to the date of judgment.
  • Interest awarded at 20% per annum on the aggregate sum from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Sale of Goods — Action for Price — Buyer's Duty to Pay
Under section 27 of the Sale of Goods Act Cap 82, it is the duty of the buyer to accept and pay for goods in accordance with the terms of the contract of sale upon delivery by the seller.
Sale of Goods — Seller's Remedies — Action for Price
Section 48(1) of the Sale of Goods Act entitles the seller to bring an action against the buyer for the price of goods where the buyer wrongfully neglects or refuses to pay for the goods in accordance with the terms of the contract.
Proof — Admitted Facts
Under section 57 of the Evidence Act, facts which have been admitted by a party to the proceedings need not be proved.
General Damages — Loss of Use of Money
Where a plaintiff has been kept out of money which it could have utilised for other purposes, the court may, applying the principle of restitutio in integrum, award general damages calculated as a percentage of the principal sum.
Interest — Pre-Judgment and Post-Judgment Interest
Section 26(2) of the Civil Procedure Act confers discretion on the court to award reasonable interest on any decreed principal sum for the period prior to judgment and further interest on the aggregate sum from the date of the decree to the date of payment.

Legislation cited (6)

Full judgment

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Sarin Industrial Corporation v Twongyere (Civil Suit No. 347 of 2006) [2013] UGCommC 69 (23 April 2013)
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.