Wakilii

Star Super Market (U) Ltd v Attorney General (Civil Suit No. 485 of 1999)

High Court · [2000] UGHC 25 · 2000 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 for goods supplied
Decision
Judgment entered for the plaintiff with interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court found that a clear contract existed which was fulfilled by the plaintiff but only partly honoured by the UPDF through late payment of 50% of the value. The defendant was liable for breach and ordered to pay the balance of Shs. 101,032,000. Claims for exchange rate differential and loss of profits were rejected as unpleaded or already included in the values. Interest at 6% per annum from date of supply compensated for delayed payment.

Outcome

Judgment entered for the plaintiff with interest and costs

Facts

In May 1998, the plaintiff supplied emergency dry rations to the Uganda Peoples Defence Forces at short notice. The plaintiff was assured of immediate cash payment upon delivery but received only 50% of the payment (half of the total value) on 26th March 1999, approximately 9 months after supply. The plaintiff claimed the balance of Shs. 101,032,000 plus damages for exchange rate differential and loss of profits. The plaintiff had ordered the goods in dollars but all transaction documents and evidence presented were in Uganda shillings. The defendant filed a late defence requiring strict proof of the debt but called no witnesses.

Issues

  1. Whether the defendant was liable for the balance of payment for emergency dry rations supplied to the Uganda Peoples Defence Forces.
  2. Whether the plaintiff was entitled to claim damages for differential in exchange rates.
  3. Whether the plaintiff was entitled to damages for loss of profits in addition to the principal debt.

Orders

  • Judgment entered in favour of the plaintiff for the sum of Shs. 101,032,000.
  • Interest awarded on the decretal sum at the rate of 6% per annum from 19th June 1998 to the date of payment.
  • The defendant to pay the costs of the suit.
  • General damages refused as the claim was for a liquidated demand.

Rules and key headnotes

Contract Law — Breach of Contract — Part Payment — Delayed Payment
Where a party fulfils its contractual obligations to supply goods but the other party pays only 50% of the agreed value nine months after delivery despite assurances of immediate payment, this constitutes a clear breach of contract for which the defaulting party is liable to pay the balance.
Damages & Quantum — Exchange Rate Claims — Pleadings Requirement
A claim for damages arising from differential in exchange rates cannot succeed where there is no pleading or prayer indicating the total claim in dollars and all documents and evidence adduced relate to Uganda shillings, showing that the transaction was purely in local currency.
Damages & Quantum — Loss of Profits — Inclusion in Contract Price
Where parties deal in Uganda shillings and the plaintiff puts forward values that must be taken to include anticipated profits, a separate claim for loss of profits will not succeed as such profits must have been included in the values claimed.
Damages & Quantum — Interest — Compensation for Delayed Payment
Interest on a decretal sum is the appropriate mechanism to compensate a plaintiff for delayed payment, and where interest is awarded there is no reason to decree general damages as the claim is for a liquidated demand.

Full judgment

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

Star Super Market (U) Ltd v Attorney General (Civil Suit No. 485 of 1999) [2000] UGHC 25 (24 April 2000)
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.