Performance of contract

Twinomugisha v Uganda Alluminium Ltd (Civil Appeal No. 19 of 2001) [2002] UGSC 23 (24 April 2002);

Flynote: 

Search Summary: 

The appellant and her deceased husband an employee in the respondent
company used to get goods from the company and paying by cheques and
after the death of the appellant’s husband and supply of goods to
substantial amount, the company banked cheques which were not cashed
due insufficient balance on the account. The respondent wrote to the
appellant and demanded payment. The appellant brought a suit against the
respondent in defamation which was successful at trial and overturned by
the court of appeal hence this appeal.

Headnote and Holding: 

The court observed that the appellate court may resolve grounds of appeal
together where they are repetitive and overlapping and that the appellant
had not led evidence to prove that the notice of intention to sue had
defamed the appellant.
About the respondent’s counter claim, the court observed that the goods
were supplied to the appellant who had signed the cheques not the
company which was nonexistent.
The appeal was dismissed and the cross appeal for counter claim was
allowed.

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