JUDICIARY Latest Features

Hon. Mukula Wins Aviation Firm Contract Breach Suit.

The Commercial Court in\r\nKampala dismissed allegations that Soroti Municipality MP, Flight Captain Hon. Mike\r\nMukula, breached a contract in a rental agreement he signed with South Sudan\r\naviation firm Nanam Aviation Limited. In the judgment delivered by Hon. Justice Christopher\r\nMadrama, on September 13, he ruled that the firm failed to adduce evidence that\r\nit incurred losses.
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\r\nThe parties had been locked in an acrimonious\r\nsix-year legal battle. Hon. Mukula was jointly sued with his aviation company,\r\nSun Air (U) Limited. The firm was seeking\r\n$303,437 damages (about sh576m, then), alleging Hon. Mukula dishonored the\r\nrental agreement in which he was supposed to provide two air crafts. Nanam\r\nclaimed he provided one which only operated for 22 days instead of the two\r\nmonths paid for in advance.

\r\nIn his defense, Mukula launched a counter claim,\r\nsaying the firm failed to operate the planes on proper, safe and\r\ninternationally accepted runways. He\r\nstated that on August 8 2008, the firm forced the crew to land the plane\r\nin a wet and muddy runway at Boma, South Sudan.
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\r\nThe Hon. Judge declined to grant Hon. Mukula\r\ngeneral damages in his counterclaim. He explained that no loss was indicated,\r\nas evidenced in the testimonies of his witnesses, who included his former\r\nflight operations manager Mr. Joram Kakooza. Each party was ordered to foot its own bill of costs.

Posted 13th, September 2013
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