THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)

CIVIL SUIT NO. 0001 OF 2023

PEARL MAGIC DESIGNERS LIMITED ::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

TOKISUSA PAINTS LIMITED ::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

PLAINT
1. The Plaintiff is a corporate body registered under the laws of Uganda whose address of
service for purposes of this suit shall be M/S F4 Odds & Co.Advocates, P.O Box 28, Plot
47, Kampala Road, Kampala Uganda.

2. The Defendant is a corporate body registered under the laws of Uganda with the capacity
to sue and be sued. The Plaintiff and its Advocates undertake to effect service of summons
upon the Defendant.

3. The Plaintiffs claim against the Defendant is for general damages arising from breach of
contract by the Defendant, incidental damages and costs of the suit.

4. The facts constituting the cause of action arose as hereunder;

a) On the 18th Day of June, 2022, the Defendant and the Plaintiff entered into a contract
of sale for paints to be used to paint artistic works. (A copy of the Contract is hereto
attached and marked “A”)

b) Under the terms of the contract, the Defendant was required to supply pure white
paint manufactured at its factory in Nalukolongo.

c) The Defendant was required to deliver paint worth UGX 25,000,000 (Uganda
shillings twenty-five million only) once every month starting 1st July paid for in cash
upon delivery to the stores of the Plaintiff located on site and inspection by the
Plaintiff’s foreman Mr. Sulaiman Abdurasta.

d) The other deliveries would be made on 1 st August 2022, 1st September 2022 and 1st
October 2022 making 4 deliveries in total without delays.

e) On 1st September 2022 the Defendant did not deliver paint on time as expected but
instead the September was made late on 5th September 2022. The Plaintiff sent a
protest letter to the Defendant in protest of the late delivery and the Defendant
responded and undertook to ensure that the final delivery of 1 st October would be
made on time. Copies of the Protest letter and Response letter have been attached
and marked Annextures “B” and “C” respectively.
 f) All the deliveries made on 1st July 2022, 1st August 2022, and 1st September 2022
were fully paid for by the Plaintiff upon inspection by the Plaintiff’s foreman Mr.
Sulaiman Abdurasta. Copies the paid Tax invoices have been attached and
marked “D”, “E” and “F”.

g) On 1st October 2022 the Defendant did not deliver the paint on time as expected yet
again and instead made the delivery on the 15th of October 2022 in total breach of the
contract and after repeated reminders from the Plaintiff.

h) The delivery of 15th October 2022 was also made late in the night at 10pm when the
Plaintiff’s foreman could not reasonably inspect the paint and he only got to know
about the delivery on the following morning of 16th October 2022. Upon inspection on
the following morning he realised that the paint supplied was manufactured by
Tokahaku Ltd and was off-white and not pure white as required under the contract.
The Plaintiff therefore rejected the delivery because it was in total breach of the
contract. A copy of the Rejected Tax invoice for the delivery has been attached
and marked “G”.

i) The Plaintiff quickly notified the Defendant of the non-compliance and demanded
that the paint be replaced but the Defendant ignored the Plaintiff’s demand.

5. The Plaintiff shall contend that the Defendant’s actions concerning the last delivery
amounted to breach of contract and the Plaintiff fulfilled its obligations under the contract
despite the difficulties caused by the Defendant.

6. The Plaintiff being a business carrying on services for a profit necessary for its operations
has suffered grave damage and inconvenience as a result of the Defendant’s
acts/omissions for which it shall seek damages.

7. The Defendant was duly served with a notice of intention to sue and it was ignored. A
copy of the notice of intention to sue is attached hereto and marked “H”.

8. The cause of action arose within the jurisdiction of this Honourable Court.

WHEREFORE the Plaintiff prays that this honourable Court be pleased to enter judgment
against the Defendant for:

a) General damages for breach of contract.

b) Incidental damages arising from care and custody of the non-conforming goods and
expenses incidental to the delay caused by the defendant.

c) Interest at court rate from the date of filing until payment in full.

d) Costs of the suit.

e) Any other relief as this honourable court deems fit and just.
DATED at KAMPALA this _____________ day of ____________________ 2023

_____________________________
Counsel for the Plantiff

F4 ODDS & CO. ADVOCATES

Drawn and filed by

F4 Odds & Co. Advocates
P.O Box 28
Plot 47, Kampala Road
Kampala Uganda

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

COMMERCIAL DIVISION

CIVIL SUIT NO. 0001 OF 2023

PEARL MAGIC DESIGNERS LIMITED ::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS
TOKISUSA PAINTS LIMITED ::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT

SUMMARY OF EVIDENCE

The Plaintiff shall adduce evidence to show that it entered into a contract for the supply of
paint with the Defendant and that the contract was breached by the Defendant.

LIST OF WITNESSES
1. The Managing Director of the Plaintiff
2. Mr.Sulaiman Abdurasta
3. Others with leave of Court

LIST OF DOCUMENTS

1. Contract between the Parties

2. Invoices
3. Payment receipts
4. Letters between the Plaintiff and Defendant
5. Others with leave of Court

LIST OF AUTHORITIES

1. The Sale of Goods and Supply of Services Act

2. The Civil Procedure Act
3. The Civil Procedure Rules
4. The Evidence Act
5. Case law
6. Any other with leave of Court

DATED at KAMPALA this _____________ day of ____________________ 2023

_____________________________
Counsel for the Plantiff

F4 ODDS & CO. ADVOCATES

Drawn and filed by

F4 Odds & Co. Advocates
P.O Box 28
Plot 47, Kampala Road
Kampala Uganda