Wakilii

William Gibion Wanendeya v Monitor Publications Ltd (HCT-00-CC-CS 13 of 2004)

High Court · [2007] UGCOMMC 35 · 2007 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract
Decision
Judgment entered for plaintiff with damages of shs 2,200,000/=, interest at 30% per annum from date of filing suit, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

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

Held that the plaintiff proved on a balance of probabilities that he placed an order for 3,000 copies of his book with the defendant. The defendant breached the agreement by printing and delivering only 1,000 copies. However, the plaintiff failed to strictly prove special damages of shs 9,000,000/=. The court awarded shs 2,200,000/= as lost expected income, being the gross profit the plaintiff would have earned on the undelivered 2,000 copies, together with interest at 30% per annum from the date of filing suit and costs.

Outcome

Judgment entered for plaintiff with damages of shs 2,200,000/=, interest at 30% per annum from date of filing suit, and costs

Facts

In 2000, the plaintiff agreed with the defendant to print 3,000 copies of his book entitled 'The Uganda National Gems' at shs 4,000/= per book. The plaintiff paid an advance deposit of shs 1,800,000/= (being shs 600/= per book). The defendant printed and delivered only 1,000 copies to the plaintiff in batches. The plaintiff collected the books in instalments, paying balances on delivery. The last delivery of 59 copies occurred on 16 October 2001, for which the plaintiff paid shs 200,000/=. The plaintiff demanded delivery of the remaining 2,000 copies but the defendant failed to deliver them. Uganda Bookshop had ordered 1,000 copies from the plaintiff in 2003 at shs 5,000/= per copy but the plaintiff could not supply them due to the defendant's breach.

Issues

  1. Whether the plaintiff placed an order with the defendant for printing of and delivery of 3,000 books.
  2. Whether the defendant breached the agreement to print and deliver 3,000 books to the plaintiff.
  3. Whether the plaintiff incurred loss in the sum of shs 9,000,000/= as a result of the breach.
  4. Whether the plaintiff is entitled to the remedies sought.

Orders

  • Judgment for the plaintiff.
  • Plaintiff awarded shs 2,200,000/= as damages for lost expected income on the undelivered 2,000 copies.
  • Interest awarded on shs 2,200,000/= at the rate of 30% per annum from the date of filing suit until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Evidence — Burden of Proof — Civil Cases — Standard of Proof
In civil cases, the plaintiff has the burden to prove his case on a balance of probabilities. The standard of proof is on a reasonable degree of probability but not as high as in criminal cases.
Contract Law — Formation — Proof of Contract — Oral Agreements
To prove the existence of a contract, the plaintiff must show that there was an offer by one party, acceptance of such offer by the other party, and existence of consideration for the performance of the contract. The court must consider documents tendered and the parties' conduct in determining whether there was a valid enforceable contract.
Evidence — Adverse Inference — Failure to Call Material Witnesses
Where a party fails to call material witnesses who were under its control and who could contradict the other party's testimony, the court may draw an adverse inference and accept the unchallenged evidence.
Contract Law — Breach of Contract — Definition and Proof
A breach of contract occurs when one or both parties fail to fulfill their obligations imposed by the terms of the contract.
Damages & Quantum — Special Damages — Pleading and Proof — Strict Proof Required
Special damages must be specifically pleaded and strictly proved. Where a plaintiff claims lost profits as special damages but fails to prove the quantum with sufficient precision, the court will award the amount that the evidence supports.

Legislation cited (4)

Cases cited (5)

  • Sebuliba v Cooperative Bank Ltd (1982) HCB 129
  • Miller v Ministry of Pensions [1972] 2 All ER 372
  • J.K. Patel v Spear Motors Ltd (SCCA No. 49 of 1991)
  • Nakawa Trading Co Ltd v Coffee Marketing Board (HCCS No. 137 of 1991)
  • Kyambadde v Mpigi District Administration (1993) HCB 44

Full judgment

↓ Download PDF

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

William Gibion Wanendeya v Monitor Publications Ltd (HCT-00-CC-CS 13 of 2004) [2007] UGCommC 35 (15 April 2007)
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.