Civil Remedies

British American Tobacco (U) Ltd v Mwijakubi & 4 Ors (CIVIL APPEAL NO 01 OF 2012) [2013] UGSC 13 (20 June 2013);

Flynote: 

Search Summary: 

The appellant had entered into a contract with tobacco farmers to buy
produce from them at the end of the season and in the middle of the
season the appellant had bought some of the respondents produce and
declared that it would not take the rest of the produce at the end of the
season. The respondents successfully brought a suit for breach of contract
and on the appellant’s appeal in the court of Appeal, a compromise was
reached and a consent agreement was entered. The court observed that
though this compromise had been received by the registrar it had not
been certified and was not signed by the parties.

Headnote and Holding: 

The court considered whether the respondents were contracted farmers
and it was held that the appellant who had the burden to prove the
contracted farmers had not led evidence to prove that the respondents
were not contracted farmers.
The appeal was accordingly dismissed.

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