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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Lubowa Gardens Ltd & Anor v Equity Bank Ltd (HCCS NO. 111 OF 2013) [2018] UGCOMMC 4 (26 February 2018); 
CL Index Breach of Contract Contract Law Loan Agreement Loan Banking, Finance and Insurance Law Security For Loan Security Banking, Finance and Insurance Law Damages Civil Remedies Revocation Termination of Contract Contract LawThe matter involved a dispute over the defendants’ refusal to release a certificate of title pursuant to an agreement to do so.
The first issue was whether the defendant was justified in not releasing the certificate of title belonging to the plaintiffs. The court observed that the defendant’s conduct in refusing to release the title created an impression of premeditated non-performance with the defendant only using the purported mala fides (bad faith) conduct as a farcical reason. The court thus concluded the defendants' conduct was unjustifiable.
The second issue was whether the conduct led to loss for the plaintiffs. Concerning whether there was loss of profits due to the plaintiffs being detracted from clearing their indebtedness the court found there was insufficient evidence to support it.Similarly, on the corresponding allegation that the conduct resulted in the incurring of interests due to another creditor, the court held that payment of interests had not been proved by the plaintiff. It thus denied the claim for both loss of profits and interest payments.
However, the court did accept that the actions of the defendant prevented them from discharging their indebtedness and thus resulted in the incurral of interest. It thus absolved the payment of the interests that arose within the affected period and consequently snuffed the corresponding counter-claimed interests for the period.
Regarding damages, the court reasoned that the plaintiffs had acted on the impression that the title would be released to enter into some arrangements which were frustrated by the defendants' unjustified conduct. It therefore granted general damages. Similarly, because of the defendants' oppressive and high-handed conduct, the court granted punitive damages.
Kyotera Victoria Fishnets Ltd v The Commissioner General, Uganda Revenue Authority (CIVIL SUIT NO. 224 OF 2014) [2018] UGCOMM 12 (15 May 2018); CL Index Consent Order Civil Remedies Exemplary Damages Damages Civil Remedies Burden of Proof Evidence Law
The court concerned whether the goods seized by the defendants were all released pursuant to a consent to judgment being signed, and payment being fulfilled.
The plaintiff instituted action against the defendants for a declaration that they had breach a consent order. The defendants, without the plaintiff being present, entered a warehouse and seized a substantial number of goods.
A consent to judgment was entered into, wherein it was alleged that the defendant had breached the consent by not releasing all the goods. The plaintiff sought recovery of the goods and said that the seizure was unlawful.
The court found that the test to be applied is as follows: 1) whether all goods were released? 2) If not, what is the value of the goods not released and the potential remedies available?
The court found that the burden of proof lies on the party who asserts that the truth of the issue is in dispute. When that party adduces evidence, which is sufficient to raise a presumption that what he alleges is true, the burden of proof shifts to the other party to counter allege and produce evidence to rebut the presumption.
The court found that a substantial portion of the goods were not released as a result of the defendant being overburdened in their workforce, which deprived the plaintiff from use of the proceeds of the goods. Therefore, the plaintiff should be compensated for the economic inconvenience and awarded general damages.
The plaintiff tried to claim exemplary damages for breach of consent to judgment, however this was denied as it was not proven that the conduct of the defendants amounted to oppressive, arbitrary or unconstitutional behaviour.
Application upheld.
Galleria in Africa Limited v Uganda Electricity Distribution Company Limited ([node:field-casenumber]) [2018] UGSC 19 (26 April 2018); CL Index Contract Validity Formation and validity of Contract Contract Law Damages Civil Remedies Repudiation of Contract Termination of Contract Contract LawThis case concerns the award of damages, or not, to compensate for the negative consequences of the respondent’s repudiation of a procurement contract. In the first instance, the trial court dismissed the suit with costs after finding that there was no contract between the parties. The Court of Appeal reversed the trial court decision and awarded damages. The appellant, however, was dissatisfied with the quantum of damages awarded by the Court of Appeal and filed a further appeal to the Supreme Court, seeking damages for lost profits in addition to general damages. The respondent filed a cross-appeal proposing that the appellant’s appeal be dismissed, the decision of the Court of Appeal be reversed in part and the High court judgment and orders be restored. The respondent argued that no valid contract was entered into by the parties.
The court first considered whether there was a valid contract entered into between or executed between the parties under the 2003 PPDA Act and Regulations. PPDA section 76(3) requires that formal contracts be in writing. This requirement was not fulfilled. Consequently, no binding obligation arose out of the letter of bid acceptance. The court, therefore, dismissed the appeal filed by the appellant.
East Cost Oils and Fats Limited vs Motor Tanker Eva Schulte and 2 others (Misc.Civil Case No.228 of 2012) [2018] TZHC 59; (07 February 2018) Damages Civil Remedies Shipping Maritime, Shipping and Admiralty Law CL IndexThe essence of the suit was an alleged unjustified refusal by the first defendant to berth resulting in alleged loss to the plaintiff and attaching demurrage charges.
The issue was whether the first defendant deliberately refused to berth a ship, and the court found in the affirmative. The court went on to look at if the refusal was justified. The court found that the master’s refusal to berth was based on unfounded grounds resulting in a two week delay. It was on that basis that the court held that the first and second defendants had not been wrongly sued.
The other issue was whether there was delay in offloading the consignment and whether the plaintiff suffered economic loss. These losses were in a form of demurrage charges, drop in sales as a result of closure of the factory, salaries to workers and bank charges. The court relied on the principle of general damages which states that damages in law presumes follow from the type of wrong complained of. General damages do not need to be specifically have been sustained.
In the result, the suit succeeded and the plaintiff was awarded damages.
Michael Ashley vs Anthony Pius Njau Ltd (Civil Appeal No.68 of 2017) [2018] TZHC 68; (06 April 2018) Insurance Insurance and indemnity Banking, Finance and Insurance Law Damages Civil Remedies Motor Vehicle Accident Delict and Tort Law CL IndexThe appellant claimed from the respondents jointly and severally for general damages for physical injuries he sustained after being involved in the accident caused by the motor vehicle owned by the first respondent and insured by the second respondent.
The issue was whether the magistrate erred in law and fact by considering false evidence tendered by the witness of the respondents.
The court held that the appellant did not state if it was all evidence tendered in court which was false or which part of it is false and was considered by the trial court’s magistrate and used in making the decision of the trial court.
The court noted that it had the duty as an appellate court to review the record of evidence of the trial court in order to determine whether the conclusion reached upon the evidence received by the trial court should stand. Though the court was in agreement with the appellant that motor vehicle insurance companies were statutorily duty bound to pay compensation to the victims of the accident caused by the motor vehicles of their clients but the compensation to be paid must be proved to the standard required by the law.
The court found that there was also no evidence tendered to the trial court to establish the appellant sustained permanent incapacity but he sustained temporary disability as indicated in the said exhibit.