Mohammed Abdallah v Juma Mubiru (CIVIL SUIT NO. 66/95) [1996] UGHCCD 4 (8 July 1996)

Flynote

Contract Law

Case summary

Whether there was a valid contract both parties agree to its existence. On who is in breach of the contract court considered circumstances that the defendant brought the vehicle which he sold to a third party probably to mitigate the losses but still he did not deliver and thus not carrying out the contract as made with the plaintiff. Court also found the plaintiff sincere as to the agreed amount when the defendant came up with two different stories concerning the price and the condition of the vehicle and held that the defendant was in breach. On the issue of damages, court awarded them to the plaintiff since it’s the defendant who was in breach.

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