Wakilii

Sulaiman Mukasa Kaddu v Lugo Orpharnage Centre (HCT-00-CC-CS 151 of 2004)

High Court · [2010] UGCOMMC 10 · 2010 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of unpaid value of goods supplied under contract
Decision
Judgment entered in favour of plaintiff against defendants jointly and severally for special damages, general damages, 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 held that the plaintiff proved on a balance of probabilities that he supplied foodstuffs worth UGX 39,433,450 in November 2003, evidenced by delivery notes and invoices signed by the defendants' employees. The defendants were liable for breach of contract. The plaintiff was awarded special damages of UGX 39,433,450, general damages of UGX 8,000,000 for loss of business and inconvenience, and interest at the commercial rate.

Outcome

Judgment entered in favour of plaintiff against defendants jointly and severally for special damages, general damages, interest, and costs

Facts

The plaintiff supplied food stuffs to Lugo Orphanage Centre under agreements dated March 2003 and October 2003. The defendants admitted receiving supplies worth UGX 11,267,650 for which partial judgment was entered. The plaintiff claimed an additional UGX 39,433,450 for supplies delivered in November 2003 on delivery notes and invoices. The defendants denied receiving these supplies and alleged the documents were forgeries. The plaintiff testified that deliveries were made to the orphanage store and signed for by Abdullah (storekeeper) or collected from his factory and signed for by El-Hakim (coordinator). Despite the suit, the defendants did not pay the admitted amount until after filing. The plaintiff claimed his creditworthiness was affected, his maize mill closed, and his mortgaged titles threatened with auction.

Issues

  1. Whether the plaintiff supplied the foodstuffs whose value is claimed.
  2. What remedies are available to the parties.

Orders

  • Judgment entered in favour of the plaintiff against the defendants jointly and severally.
  • Special damages awarded in the sum of UGX 39,433,450.
  • General damages awarded in the sum of UGX 8,000,000.
  • Interest at the commercial rate awarded on special damages from the date of filing the suit until payment in full.
  • Interest at the commercial rate awarded on general damages from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Burden of Proof — Civil Matters — Standard of Proof on Balance of Probabilities
In civil matters, the burden of proof lies on the party asserting the affirmative of the issue in dispute, and the standard of proof is on a balance of probabilities.
Breach of Contract — Proof of Supply — Documentary Evidence and Witness Credibility
Where delivery notes and invoices signed by the defendant's employees evidence supply of goods, and the defendant's witnesses are found not credible, the plaintiff proves supply on a balance of probabilities despite the defendant's denial.
General Damages — Breach of Contract — Loss of Business and Creditworthiness
Where a defendant breaches a contract by failing to pay for goods supplied and knows the nature of the plaintiff's business, such that failure to pay in time results in loss to the plaintiff including affected creditworthiness and loss of business, the plaintiff is entitled to general damages as compensation for loss suffered and inconveniences caused.
Interest — Commercial Rate — Date from Which Interest Runs
Interest at the commercial rate may be awarded on special damages from the date of filing suit and on general damages from the date of judgment until payment in full, where money owing if paid in time would have been re-invested and earned the plaintiff profits.

Legislation cited (4)

Cases cited (1)

  • Kabasike Store Co Ltd v Attorney General (HCCS No. 675 of 1989)

Full judgment

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

Sulaiman Mukasa Kaddu v Lugo Orpharnage Centre (HCT-00-CC-CS 151 of 2004) [2010] UGCommC 10 (25 March 2010)
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.