Performance of contract

Peatfield Bodgener Architects v The International School of Uganda (CIVIL SUIT NO.153 OF 2013) [2016] UGCOMMC 52 (30 May 2016);


Search Summary: 

The plaintiff in this case sought for general damages, interest and costs of the suit against the defendant for breach of contract or unlawful termination of contract.

The plaintiff averred that they entered into a contract with the defendant, where the plaintiff obtained consent to proceed with the detailed design stage of the project, later, that he was requested to limit himself to the outline stage design to budget reasons and was never paid for the detailed design stage work.

 The defendants argued that the plaintiff was given a stop order but he proceeded with the contract at his own risk, without communicating to the defendant. That, the plaintiff was not entitled to any relief sought and that the suit ought to be dismissed with costs.

The issues that were raised for consideration were, whether there was breach of contract, whether there was variation in contract between the parties, and the remedies that were available to the parties.


Headnote and Holding: 

With regard to issue one, it was found that the plaintiff only waived the right to insist on the time limits within which the contract was to be performed until further funding, but had not waived the right to be paid for the work done. Tus, the defendants were in breach of contract. The termination of the contract was unlawful as the plaintiff had not fundamentally breached any term of the agreement.

Concerning issue two, the court found that there had not been any variation of the terms of the contract but rather an attempt to vary the contract.

Accordingly, the court found that the plaintiff had proved that the defendants were in breach, thus, it was awarded general damages and interests, plus costs of the suit.



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