How do I pursue a breach of contract claim against a supplier in Uganda's Commercial Court?

Sorry about that.

To pursue a breach of contract claim against a supplier in the Commercial Court of Uganda, you must follow the Civil Procedure Rules and Commercial Court specific guidelines. The process involves several key stages, and it is highly recommended that you consult a qualified Ugandan lawyer due to the procedural complexities.

Pre-Action Steps

- Issue a Notice of Intention to Sue: Before formally filing a lawsuit, you are required to issue a formal notice to the supplier, detailing your claim and intention to sue if they do not remedy the breach within a specified period (typically 14 days).
- Gather Evidence: Collect all relevant documentation, including the signed contract, purchase orders, invoices, payment records, delivery notes, and any correspondence (emails, letters) related to the transaction and alleged breach. You must be able to prove the existence of a valid contract, the breach, and the resulting loss or damage.
- Explore Alternative Dispute Resolution (ADR): The Commercial Court emphasizes mediation and arbitration. If your contract has an arbitration clause, the court will likely not accept the case, and you must proceed via arbitration. Even without such a clause, mediation is a mandatory pre-hearing procedure in court.

Filing the Case in the Commercial Court

- Consult a Lawyer: A lawyer will help establish the court's jurisdiction and prepare the necessary documents.
- Prepare Court Documents: Your lawyer will draft the following:
- Plaint: A formal statement outlining your claim, the facts, the cause of action, and the specific relief/damages you are seeking (e.g., recovery of money, general damages, interest, costs).
- Summary of Evidence, List of Documents, Witnesses, and Authorities: These documents outline the evidence you intend to rely on.
- Mediation Case Summary: A summary of the case for the mandatory mediation stage.
- Affidavit Verifying Plaint / Statement of Truth: A sworn statement confirming the truth of the contents in the plaint and accompanying documents.
- File the Documents and Pay Fees: The documents are filed at the Commercial Court registry. You must pay the requisite filing fees, which vary based on the value of your claim.
- Serve the Defendant: Once the plaint is filed and court summons are issued, you are responsible for serving the summons and the entire set of documents to the supplier (defendant) within 21 days. Proof of service is then filed with the court via an affidavit of service.

Post-Filing Procedures

- Defendant's Response: The supplier has 15 days from the date of service to file a defence.
- Mandatory Mediation: The court will schedule a mediation session, which must be completed within 60 days. A court-appointed mediator will attempt to facilitate a settlement.
- Case Management and Hearing: If mediation fails, the case proceeds to a scheduling conference to agree on the issues for trial. The case is then set down for a formal hearing where both parties present evidence and arguments.
- Judgment and Enforcement: After the hearing, the court issues a judgment. If the supplier fails to comply with the judgment, you can apply to the court for enforcement.

Sorry about that. The process involves several key stages, and it is highly recommended that you consult a qualified Ugandan lawyer due to the procedural complexities.

Pre-Action Steps

Issue a Notice of Intention to Sue: Before formally filing a lawsuit, you are required to issue a formal notice to the supplier, detailing your claim and intention to sue if they do not remedy the breach within a specified period (typically 14 days).

Gather Evidence: Collect all relevant documentation, including the signed contract, purchase orders, invoices, payment records, delivery notes, and any correspondence (emails, letters) related to the transaction and alleged breach. You must be able to prove the existence of a valid contract, the breach, and the resulting loss or damage.

Explore Alternative Dispute Resolution (ADR): The Commercial Court emphasizes mediation and arbitration. If your contract has an arbitration clause, the court will likely not accept the case, and you must proceed via arbitration. Even without such a clause, mediation is a mandatory pre-hearing procedure in court.

Filing the Case in the Commercial Court

Prepare Court Documents: Your lawyer will draft the following:
- Plaintiff: A formal statement outlining your claim, the facts, the cause of action, and the specific relief/damages you are seeking (e.g., recovery of money, general damages, interest, costs).
- Summary of Evidence, List of Documents, Witnesses, and Authorities: These documents outline the evidence you intend to rely on.
- Mediation Case Summary: A summary of the case for the mandatory mediation stage.
- Affidavit Verifying Plaint / Statement of Truth: A sworn statement confirming the truth of the contents in the plaint and accompanying documents.

File the Documents and Pay Fees: The documents are filed at the Commercial Court registry. You must pay the requisite filing fees, which vary based on the value of your claim.

Serve the Defendant: Once the plaint is filed and court summons are issued, you are responsible for serving the summons and the entire set of documents to the supplier (defendant) within 21 days. Proof of service is then filed with the court via an affidavit of service.

Post-Filing Procedures

Defendant's Response: The supplier has 15 days from the date of service to file a defence.

Mandatory Mediation: The court will schedule a mediation session, which must be completed within 60 days. A court-appointed mediator will attempt to facilitate a settlement.

Case Management and Hearing: If mediation fails, the case proceeds to a scheduling conference to agree on the issues for trial. The case is then set down for a formal hearing where both parties present evidence and arguments.

Judgment and Enforcement: After the hearing, the court issues a judgment. If the supplier fails to comply with the judgment, you can apply to the court for enforcement and for .

Hello, breach of contract is a recognised cause of action against the supplier. You need to show that a contract existed, to supply the goods, you performed your part but the supplier failed to perform their obligations. Depending on the value of the goods, the lawyer files a suit for you in the appropriate court for remedies including general damages over and above the lost contract money.

As interim, we send a demand letter for the supplier either to perform the contract or pay specific sums of money. If they don't comply then the court process ensues.