Lawpoint Uganda

Contracts can be implied or modified by parties' actions, even if not strictly following written terms. Here, the Defendant's continued engagement (e.g., demand letters, referrals to sales staff) waived strict deposit requirements, creating enforceable obligations. Demands for payment must align with agreed terms (e.g., phased vs. lump sum). Sellers must provide reasonable notice of construction progress and deadlines, especially in delayed projects, to avoid breach claims.

The Court held that a binding sublicence agreement was formed based on an email from the sublicensee confirming its intention to acquire FIFA Club World Cup media rights with key terms (rights, territory, exclusivity, financials); and the sublicensor’s reply accepting the offer and confirming a contract draft would follow. These exchanges, supported by extensive WhatsApp and email correspondence, created a binding agreement despite the absence of a signed formal contract.

The Supreme Court observed that Section 26(1) allows courts to vary the rate of interest if it is harsh and unconscionable but does not permit changing the type of interest (e.g., from compound to simple). The High Court erred in citing Section 26(2) and (3) but inadvertently complied with Section 26(1) by reducing the rate to 15% while preserving compound interest. The Court of Appeal erred by substituting compound interest with simple interest, as Section 26(1) limits judic

Courts will uphold agreements unless they are void for vagueness, lack consensus, or offend public policy. A party cannot later recast a clear and operational contract as provisional to avoid performance, especially after having benefited from its terms. Moshoana J’s articulation of principle, contextual contract interpretation, and procedural precision further elevate the judgment as a teaching piece on both substance and form. Like the song at the heart of the dispute, t

Allegations of fraud, especially where fraud vitiates the contract, must be scrutinised by the court. Arbitration cannot cure contracts tainted by fraud or concealment of material facts, as this is contrary to public policy.

When a person takes goods or services from another person on credit, it is imperative to keep the communication channels open.

If parties engage substantially in litigation without raising arbitration objections, courts may find that the arbitration clause has been

The absence of a party’s signature or third-party witness on a loan agreement implies a lack of consensus, rendering the contract invalid.

While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont

Tax Appeals Tribunal cannot refer disputes before it for arbitration even if the parties had an already existing agreement that permits it

The court clarified that while written agreements for contracts exceeding 25 currency points are strongly recommended to simplify proof of a

Generally, a distributor operates at his own risk and in his own name. An agent, on the hand, is an intermediary who procures business for a

A party is estopped from contradicting their own written agreement

To understand whether the renewed contract was valid its vital to appreciate the formalities under which a contract can be made, a contract