Supreme Court of Uganda - 1991 October

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1 judgment

Citation	Judgment date
October 1991
J.K .Patel v Spear motors Ltd [1991] UGSC 9 (11 October 1991) Court held the applicant had a valid contract; respondent failed to prove payment; remitted quantification, awarded interest and costs. * Contract law – formation by conduct – offer and acceptance may be inferred from parties’ conduct and contemporaneous notes.* Evidence – burden/onus of proof in civil cases – party asserting payment must adduce evidence of payment; failure to discharge onus leads to loss of defence.* Documentary and oral evidence – weight to be given to unsigned or partly signed valuation notes and the effect of failure to call or cross‑examine witnesses.* Set‑off/part‑payment – implicit admission by failure to cross‑examine allows consideration of alleged part payments.* Interest – award at claimed contractual/non‑contractual rate where reasonable (30% p.a. from due date). Costs – trial judge must state reasons when departing from the normal practice of awarding costs to the successful litigant. Remittal – where quantification of deductions is necessary, matter remitted for further evidence and findings.	11 October 1991

Citation

Judgment date

October 1991

J.K .Patel v Spear motors Ltd [1991] UGSC 9 (11 October 1991)

Court held the applicant had a valid contract; respondent failed to prove payment; remitted quantification, awarded interest and costs.

* Contract law – formation by conduct – offer and acceptance may be inferred from parties’ conduct and contemporaneous notes.* Evidence – burden/onus of proof in civil cases – party asserting payment must adduce evidence of payment; failure to discharge onus leads to loss of defence.* Documentary and oral evidence – weight to be given to unsigned or partly signed valuation notes and the effect of failure to call or cross‑examine witnesses.* Set‑off/part‑payment – implicit admission by failure to cross‑examine allows consideration of alleged part payments.* Interest – award at claimed contractual/non‑contractual rate where reasonable (30% p.a. from due date). *Costs – trial judge must state reasons when departing from the normal practice of awarding costs to the successful litigant.* Remittal – where quantification of deductions is necessary, matter remitted for further evidence and findings.

11 October 1991