Enforcement of contract

Cooper Motors corporation (U) ltd Vs Genesis Transporters & 2 Ors (CIVIL APPEAL No. 41 OF 2009) [2018] UGCA 117 (19 November 2018);


Search Summary: 

This is an appeal arising from the a hire
purchase agreement for the generator and other
spare parts. The appellant sold the items to the

respondent and the guarantors but had
unfurnished balances. At trial, the trial court
held that the appellant had no privy to the
contract and that vitiated the contracts hence
the appeal. The grounds are that the trial judge
adopted a procedure not provided under the
rules, that

Headnote and Holding: 

The court held
that the grounds of appeal were argumentative
and too general. That the respondent is
precluded from denying ownership since the
signed addendum shows that the appellant was
the owner of the suit property. That the trial
court erred in law when he considered the issue
of jurisdiction that had already been dealt with
by the same court. That the respondents are not
to pay any sums since the appellant had already
recovered by paying themselves.


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