Subcontract

Halai Construction Limited v Coil Limited (HCCS NO. 785 OF 2014) [2017] UGCOMMC 61 (29 June 2017);

Flynote: 

Headnote and Holding: 

This is a case relating to to a contractual dispute where the plaintiff was suing the defendant for breach of contract.

The defendant had been contracted by the Uganda Revenue Authority to construct a border post. The defendant then sub-contracted the plaintiff to perform certain work under three contracts. The plaintiff alleged that the defendant unlawfully terminated one of the contracts after they demanded payment. The defendant contended that it was the plaintiff who unilaterally terminated the contract by halting work at the site resulting in the defendant taking over the work. The defendant further counter-claimed that the plaintiff used some of their equipment and as result the plaintiff owes them compensation.
 
The court held that there were disparities between the plaintiff’s witnesses and that the defendant did not unilaterally terminate the contract. It ruled that the defendant could not be held liable for any sum of money beyond payment for work the plaintiff had actually performed. The court also found that there was no evidence to show that the amount of work done was to a value in excess of what was paid. 

The case was dismissed. The counter-claim was equally dismissed for lack of evidence
 

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