Enforcement of contract

Mujuni Ruhemba v Skanka Jensen (U) Ltd ( Civil Appeal No. 56 of 2000 ) [2002] UGCA 1 (5 March 2002);

Flynote: 

Search Summary: 

The appellant and the respondent executed a contract of sale of sand. The
appellant alleged that after two days of the contract, the appellant failed
to provide transport and that an oral agreement between the parties
varied the written contract where the appellant was to provide transport
for delivering the material. The appellant supplied material using his own
transport, a dispute arose as to the balance of payments and the appellant
sued the respondent to recover outstanding payment. An auditor was
appointed at trial in whose report the point of disagreement was the rate
of transport charges. The trial judge dismissed the claim hence the appeal.

Headnote and Holding: 

The court considered whether the contract was varied and court observed
that an oral variation leaves the written contract intact and enforceable
and held that since there was a written contract with the requirement of
the law, variation can only be by a written agreement.
In the result,, the court ordered the appointment of an independent
auditor to determine the right amount due.

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