Mwesigye v Mercy Safari (Civil Appeal No. 0028 of 2006) [2012] UGHC 154 (7 August 2012)

Flynote

Civil Procedure|Contract Law|Formation and validity of Contract|Contract of Sale

Case summary

As to whether there was a valid contract, court took into consideration the fact that  there had been un written or undocumented sale/purchase of goods between himself and the Respondent previously which facts constituted strong circumstantial evidence which established the sale of goods contract between the parties.   The High court held that a contract of sale of goods does not have to be in writing or any particular form, it can be proved by any means including oral evidence. Parties to a contract are bound by any usage to which they agreed and practice which they have established between themselves. It was not mandatory that because the seller and the buyer were from two neighboring countries there had to be documents. By oral testimonies that the Respondent discharged her burden of proof. Court dismissed the appeal.

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