Civil Remedies

SBI International Holdings (U) Limited v COF International Co. Limited (CIVIL APPEAL No. 194 of 2014) [2018] UGCA 21 (23 May 2018);

Flynote: 

Search Summary: 

The appellant sub-contracted the respondent to do some construction
works and disagreements in the nature of payment and quality of work
done. The respondent sued the appellant for breach of contract, payment
of the contract value and damages. The trial court entered judgment for
the respondent and dismissed the appellant’s counter-claim hence this
appeal.

Headnote and Holding: 

The court reconsidered whether there was breach of contract and
observed that breach of contract occurs when a party fails to perform or
interferes with performance of a contractual obligation without legitimate
excuse. The court observed that additional instructions and work plans
formed part of the sub-contract according to the evidence ands the sub-
contract gave parties room to vary the contract for better execution of
the work.
The court observed that the appellate could not interfere with the
damages unless the court acted on a wrong principle or that the award is
extremely excessive or low or an erroneously estimate to occasion
miscarriage of justice.
The appeal was accordingly dismissed.

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