Enforcement of contract

Sugar Corporation of Uganda Ltd. v Lawsam Chemical (U) Ltd. ((Civil Appeal No. 5 of 2001) ) [2002] UGSC 38 (19 December 2002);

Flynote: 

Search Summary: 

The appellant involved in sugar production and distribution contracted with
the respondent for provision of cleaning chemicals for parts of the
appellant’s machinery. The appellant paid upfront half fee and the
respondent sent the chemicals and the specialist who returned back after
finding that the operations at the factory were ongoing and the cleaning
would not be immediately done. The appellant carried out the cleaning
without the expert which caused damage to the machinery. The appellant
brought a suit for recovery of money paid, damages, interest and costs of
the suit. The trial learned trial judge dismissed the suit and gave
judgment in favor of the respondent on the counter-claim. The
appellant appealed to the Court of Appeal which dismissed the
appeal and upheld the decision of the trial judge hence this appeal.

Headnote and Holding: 

The court considered the complaint that the chemical provided by
the respondent was unfit and court observed that the factory
specialist who carried out the process was not experienced and had
never carried out such activity without supervision of an expert and
the risk was incurred because of fear losses due to closing down of
the factory to wait for an expert. The court also dismissed the
complaint that the chemical were unfit for the purpose as the factory
specialist had examined them before use and would not have gone
ahead to use them.
The appeal was thereby dismissed

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