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.
The court was confronted with a question of liability for undelivered goods by the driver of a haulage company contracted by the plaintiff. The meat of the enquiry focused on the issue of the effect of a failure to sign the delivery note on bailment. Having assessed the understanding and intentions of the parties the court reasoned delivery occurred at the moment of loading by the supplier, upon which liability passed to the carrier. The issue of the signing of the note or lack of by the driver thus bore no significance on the question of liability. Only sufficient reasons for failure to adduce the signature and evidence of collusive fraud by defendant would commute the carrier’s responsibility. Consequently, a claim of contributory negligence could not stand once loading had been made by the supplier as they did not have an express duty of care to ensure signing of the notes. Moreover, the mere loading was in itself delivery thus the plaintiff failed to demonstrate negligence.
Finally, the court dealt with the question of whether a contract actually existed between the parties as this had an effect on surcharges deducted by the defendant. The court found that given the nature of the contracts involved, the defendant had no contractual relationship with the plaintiff and therefore could not sue on the surcharge agreement as they were not party to the contract made for their benefit.
The court thus dismissed the appeal.
The first appellant and the respondent are siblings whom were initially registered as tenants in common, on a land plot. In 2002, the proprietorship of this land was transferred from the names of the siblings to the 2nd to 8th appellants (who were at the time minor children of the first appellant).
The respondent was aggrieved by the transfer and registration of the appellant's descendants to the suit property. She contended that the first appellant had acted fraudulently in this transfer. She went to the High Court seeking reinstatement of her name on the suit title. The High Court granted the orders sought.
The appellants appeal the decision of the High Court. On the grounds that (1) the court erred in evaluating the evidence of the first appellant as a whole, nor recording of his evidence and (2) the respondent freely relinquished her interests in the property.
The respondent filed a cross appeal declaring that she is entitled to award of mesne profits and or general damages as well.
This court found that the transfer form did not amount to forgery or fraud. The appeal therefore succeeded in part. However, it was found that the respondent had not fulfilled the condition of transferring and subdividing part of lands into the names of the respondent - as they agreed.
The respondent was found to have carried out her part of the bargain and the first respondent must do his own as well.
The defendants applied for credit facilities to obtain steel products from the plaintiff. The second and third defendants stood surety. The plaintiff contended that the defendants refused to pay for the steel products. The proceedings were for breach of contract, and special and general damages. The defendants denied concluding the contract, and argued the matter ought to be heard in South Africa.
The issues for determination were whether the court lacked jurisdiction; whether there was a contract between the parties; whether the defendants breached the contract; and whether second and third defendants were liable.
On the issue of jurisdiction, the court considered the agreement. It was clear that the parties consented to the jurisdiction of the High Court of South Africa, however the court held that the Constitution and Judicature Act provided it with unlimited original jurisdiction in all matters. Even when parties had an exclusive jurisdiction agreement, the High Court of Uganda still had jurisdiction to hear and determine the matter before it.
Regarding the existence of the contract, the law required the plaintiff to prove the documents were signed by the second and third defendants. The court found that the plaintiff proved it entered into a valid contract with the defendants.
Whether the defendants breached the contract, the court held that the first defendant breached the contract by failing to pay for the goods, and that the second and third defendants were liable as sureties.
Plaintiff was awarded special and general damages.