Performance of contract

Luwero Green Acres Ltd v Marubeni Corporation ((Supreme Court Civil Appeal No. 19 of 1995)) [1997] UGSC 2 (4 February 1997);


Search Summary: 

This was an appeal against an ex parte judgement and decree on grounds that the learned trail judge erred in law when he failed to re-appraise the evidence of the lower court and instead relied on the same in his judgment, that he erred when he misdirected himself on the evidence thereby reaching a wrong decision and thus occasioning injustice to the appellant.

Headnote and Holding: 

From the evidence that was on record, it was found that the appellant had supplied poles to the respondent who received and accepted them. That the respondent after he had dried and trimmed them, could not retract the contract on the ground that the poles were in excess according to the purpose for which they were required.


Therefore, the appeal was allowed with costs, and the judgement and order of the lower court were set aside.


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