Wakilii

Singh v General Workshop (Civil Appeal No. 36 of 1950)

East African Court of Appeal · [1951] EACA 4 · 1951 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the Supreme Court of Kenya against judgment for the respondent and dismissal of counterclaim
Decision
Appeal allowed. Respondent's claim dismissed. Appellant entitled to damages for detention of lorry, quantum to be assessed by Supreme Court.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where there is an entire contract to do work according to specification for a lump sum, nothing can be recovered until the work is completed according to the contract. Completion according to contract is a condition precedent to the right to payment except in cases of acceptance, waiver, or evidence of a new contract to pay for work performed. Where a contractor constructs work of different materials than those stipulated and the employer rejects the work, the contractor cannot recover any payment in the absence of a new contract.

Outcome

Appeal allowed. Respondent's claim dismissed. Appellant entitled to damages for detention of lorry, quantum to be assessed by Supreme Court.

Facts

The appellant owned a lorry with a steel body which he wished to replace with a lighter wooden body. He contracted with the respondent workshop for construction of a new body. The parties disputed the terms: the respondent claimed the contract was for a chassis of Mwesi wood with a camphor wood floor at Sh. 1,200, plus Sh. 330 for metal sheeting added to strengthen the floor. The appellant claimed the contract was for a body made of Mwesi and Msharagi (both hardwoods) at Sh. 800. The trial judge found the agreed price was Sh. 1,200, that the contract was for a hardwood floor, and that the respondent breached the contract by installing a softwood (camphor) floor. The appellant rejected the work and tendered Sh. 800. The respondent detained the lorry from 11 August to 23 November 1949, claiming a lien. The trial judge gave judgment for the respondent for Sh. 1,200 and dismissed the appellant's counterclaim for damages for detention.

Issues

  1. Whether completion of work according to contract specification is a condition precedent to the right to payment under an entire contract for a lump sum.
  2. Whether a contractor who fails to complete work according to specification can recover any payment where the work has been rejected and no new contract has been entered into.
  3. Whether the appellant was entitled to damages for detention of his lorry by the respondent.

Orders

  • Appeal allowed with costs.
  • Judgment of the Supreme Court set aside.
  • Judgment for the appellant on the claim with costs.
  • Judgment for the appellant on the counterclaim.
  • Amount of damages and question of costs on the counterclaim to be decided by the Supreme Court.

Rules and key headnotes

Contract Law — Entire Contracts — Condition Precedent to Payment
Where there is an entire contract to do work according to specification for a lump sum, nothing can be recovered until the work is completed according to the contract.
Contract Law — Entire Contracts — Completion as Condition Precedent
Completion according to the contract is a condition precedent to the right to payment except in the case of acceptance, waiver, or evidence of a new contract to pay for work performed.
Contract Law — Breach of Contract — Use of Different Materials
If a contractor without authority from his employer constructs work of better materials than those stipulated for in the contract, the employer may refuse to accept the work, in which case the contractor would not be able to recover at all, as he would not have performed his contract.
Contract Law — Entire Contracts — Rejection of Non-Conforming Work
An allegation that the building owner has received something as good as what he bargained for will not enable a builder to recover the contract price in the case of an entire contract where completion is a condition precedent to payment, except in the case of acceptance by the employer, waiver, or evidence of a new contract to pay for the work actually performed.
Contract Law — Entire Contracts — Substantial Failure to Complete
Where there has been a substantial failure to complete a contract according to specification, the contractor cannot recover anything in the absence of acceptance, waiver, or a new contract.
Contract Law — Remedies — Lien for Unpaid Work
A contractor who has failed to carry out a contract according to specification has no right to detain the employer's property and the employer is entitled to damages for such detention.

Cases cited (9)

  • Forman & Co Proprietary Ltd v The Ship Liddesdale [1900] AC 190
  • Ujagar Singh v H A Murray (Civil Appeal No. 27 of 1949)
  • Munro v Butt (1858) 8 E & B 738
  • Whitaker v Dunn (1887) 3 TLR 602
  • Thornton v Place (1832) 174 ER 74
  • H Dakin & Co Ltd v Lee [1916] 1 KB 566
  • Vigers v Cook [1919] 2 KB 475
  • Eshelby v Federated European Bank Ltd [1932] 1 KB 423
  • Cutter v. Powell

Full judgment

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

Singh v General Workshop (Civil Appeal No. 36 of 1950) [1951] EACA 4 (1 January 1951)
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.