Satya and 25 Others v Uganda Coffee Development Authority (Civil Suit 105 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that the Defendant contracted the Plaintiffs to supply coffee seedlings and breached the contract by failing to pay. Where a supplier delivers goods which are acknowledged by the buyer's authorised agents, irregularities in distribution by the buyer's own officers cannot justify non-payment to the supplier. The Plaintiffs were awarded the outstanding contractual sums, general damages, and interest.
Outcome
Judgment entered for the Plaintiffs against the Defendant for payment of outstanding contractual sums, general damages, interest, and costs
Facts
The Plaintiffs, coffee nursery operators, were contracted by the Defendant to supply coffee seedlings to farmers in Tingey County, Kapchorwa District between May and September 2014. Payment was to be made within 60 working days of delivery. The Plaintiffs supplied seedlings which were acknowledged by the Defendant's agents on UCDA Form B, witnessed by the Regional Coffee Extension Officer and LC III Chairpersons. The Defendant refused full payment, alleging irregularities and forgeries in the distribution process, asserting that some beneficiaries did not receive seedlings or received less than alleged, and that Plaintiffs colluded with officials to falsify records. Some Plaintiffs received partial payments; two were overpaid. The Defendant claimed nursery operators lacked capacity to supply the quantities delivered and that acknowledgement forms were not properly signed.
Issues
- Whether the Defendant contracted the Plaintiffs to supply coffee seedlings and, if so, on what terms.
- Whether the Plaintiffs are entitled to the sums claimed in the plaint.
- What remedies are available to the parties.
Orders
- Declaration that the Defendant was in breach of contract.
- Judgment for the Plaintiffs for the total outstanding sum of UGX 193,125,600 (excluding Plaintiffs No. 9 and 17 who were overpaid).
- General damages of UGX 2,000,000 awarded to each Plaintiff except Plaintiffs No. 9 and 17.
- Interest on the principal sum at 18% per annum from date of filing the suit until full payment (excluding Plaintiffs No. 9 and 17).
- Interest on general damages at 8% per annum from date of judgment until full payment (excluding Plaintiffs No. 9 and 17).
- Costs of the suit awarded to the Plaintiffs (excluding Plaintiffs No. 9 and 17).
Rules and key headnotes
Legislation cited (10)
- Evidence Act Cap 6 s.101
- Evidence Act Cap 6 s.103
- Contracts Act 2010 s.10
- Contracts Act 2010 s.33(1)
- Contracts Act 2010 s.61(1)
- Sale of Goods and Supply of Services Act 2017 s.2
- Sale of Goods and Supply of Services Act 2017 s.25
- Sale of Goods and Supply of Services Act 2017 s.26
- Civil Procedure Act s.26(2)
- Civil Procedure Act s.27
Cases cited (9)
- Finishing Touches Ltd v Attorney General (Civil Suit No. 144 of 2010)
- Uganda Telecom Ltd Vs Tanzanite Corporation [2005] 2 EA 331
- Hadley v. Baxendale (1894) 9 Exch 341
- Charles Acire v M Engola (Civil Suit No. 143 of 1993)
- Kibimba Rice Ltd v Umar Salim (Civil Appeal No. 17 of 1992)
- Uganda Commercial Bank v. Kigozi [2002] 1 EA 305
- Premchandra Shenoi and Another v Maximov Oleg Petrovich (Civil Appeal No. 9 of 2003)
- Harbutt's 'placticine' Ltd V Wayne tank & pump Co. Ltd [1970] QB 447
- Kinyera v Management Committee of Laroo Building Primary School (Civil Suit No. 99 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.