Crescent Transportation Co. Ltd v B.M. Technical Services Ltd (Civil Suit No. 531 of 1999) [1999] UGHC 44 (1 November 1999)

Full Case Text

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA CIVIL SUIT NO. 531 OF 1999

## CRESCENT TRANSPORTATION CO. LTD PLAINTIFF

### VERSUS

## B. M. TECHNICAL SERVICES LTD DEFENDANT

### BEFORE THE HON, JUSTICE RICHARD O. OKUMU WENGI.

# JUDGMENT:

This is a suit to claim for freight charges and other charges relating to a contract of carriage of goods from Mombasa to Kampala. The matter, which had been dismissed, was reinstated at the behest of the defendant. However on the day set for hearing neither the defendant nor his counsel was present. This court therefore proceeded with the suit in their absence. The plaintiff called one witness one Waiswa Kafuko Moses an accountant of the plaintiff. He testified that as per exhibit PI the plaintiff agreed to carry goods of the defendant to Kampala for a srun of US \$ 4050 inclusive of clearing charges at Mombasa. Accordingly the defendant freighted the goods to Kampala whereupon he was paid only Shs. 3,000,000/= by the defendant (\$ 2167). The defendant was then upon notification entitled to four (4) free days when he ought to have cleared with customs and the freight charges fully and taken delivery. According to Waiswa the defendant did not. As a result the container having arrived on the trailer on 11/1.1/98.remained on the trailer until it was dropped on 25/05/99. Therefore besides the balance on freight" and clearing charges the defendant was liable to pay container detention charges at the rate of \$ 20 per day and trailer detention at the rate of \$ 150 per day. The plaintiff therefore claimed a total of US S 35,820 having set off the sum of \$ 2167 already paid to it. This amount represented the freight cost balance and the trailer and container detention charges.

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HoweverJfrom..aJoQk. at exhibit PI therejs...no. .charge .known as container detention. of\_\$. 20 per day. I therefore strike out the claim of US \$ 9,700. There was also no evidence led about the trailer for which a sum of S 25,650 is claimed. There is no indication that the container could not have been dropped from the trailer which would then go back with the tractor to

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ii to the mitigate plaintiffs losses. No evidence was led on this particular clai satisfaction of the court.

In the circumstances this court enters judgment against the defendant ' freight for the sum of US dollars 1,883 being the balance on the costs o from Mombasa to Kampala. He is also entitled to interest on the above sum at 4% per annum from date of filing suit till settlement thereof. He will also collect costs ofthis action.

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RICHARD O. OKUMU WENGI Ag. JUDGE 28/10/1999.

1/11/1999: Kakuru for defendant Tayebwa for plaintiff Rosemary Emeru Court Clerk

Judgment read in open court in the presence of above persons.

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RICHARD O. OKUMU WENGI Ag. JUDGE 1/11/1999.

#### **THE REPUBLIC OF** UGANDA

### **IN THE HIGH COURT OF UGANDA AT KAMPALA**

#### **CIVIL SUIT NO. 531 OF** 1999

#### PLAINTIFF CRESCENT TRANSPORTATION COMPANY LIMITED *------*

#### VERSUS

## B. M. TECHNICAL SERVICES LTD. DEFENDANT

#### DECREE

THIS SUIT coming up to day for hearing and final disposal before HONOURABLE JUSTICE OSCAR OKUM WENGI (A. G.) in the presence of CRANMMER TAYEBWA, Counsel for the plaintiff and KENNETH KAKURU, Counsel for the defendant.

IT IS HEREBY DECREED AND ORDERED that judgement be and is hereby entered in favour ofthe plaintiff for a sum of USS 1,883, with interest of 4% per annum from the date offiling the suit until payment in full and the costs ofthe suit.

of court this *1* day of GIVEN under my hand and the seal ......................1999.

**UTY REGIST**

We approve:

**TUSASIRWE & CO. ADVOCATES.** *COUNSEL FOR THE PLAINTIFF.*

**KAKURU & CO. ADVOCATES**

*COUNSEL FOR THE DEFENDANT*

**TO: The Deputy Registrar High Court of Uganda Kampala.**

day **of** Lodged at the registry of the High Court of Uganda at Kampala , this 1999.

**DEPUTY REGIS**

**c.c.** Tile Registrar Court ofAppeal ofUganda Kampala.