Moses Kigongo, the first national NRM vice chairperson, has been ordered by court to pay Shs 58 million in damages and costs to a contractor who installed aluminium doors and windows at his property in Mpigi.
Kigongo had wanted “bulletproof” glasses, which he said Diamond Glass Mart, the contractor, never delivered. So he paid the contractor less than the agreed amount, leading to a legal standoff.
The dispute originates from a contract Kigongo signed with Diamond Glass Mart in May 2019 to supply and fix aluminium doors and window frames, together with glass works, at his residence and ten cottages at his Maya Nature Resort in Mpigi.
The total sum was Shs 120 million.
According to the terms of the contract, Diamond Glass was supposed to supply aluminium measuring 3mm on the bottom and 2mm on the sides.
Ibrahim Lubega, the director of Diamond Glass, told the court that he completed the works but was only paid Shs 83.25 million, leaving a balance of Shs 36.75 million.
Kigongo and Mosa Courts Apartments denied owing any money. They argued that the contractor delayed for over a year and delivered aluminium that did not meet the agreed specifications.
They claimed the frames were thinner than required and could not support the intended glass. They counter-sued for losses, saying they had to procure alternative materials and rent accommodation due to the delay.
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Justice Stephen Mubiru, who heard the case, first examined whether Diamond Glass had breached the contract by substituting aluminium of 2mm at the bottom and between 1.2mm and 1.5mm on the sides instead of the specified 3mm and 2mm.
Lubega told the court that when he travelled to China to purchase the material, he found that aluminium of the exact dimensions specified was no longer being manufactured. He said he sought approval from Kigongo’s agent before purchasing the available sizes.
Justice Mubiru found that substituting 1.2mm for 3mm should not have been a major issue because the bottom of the frames was approximately 60% thinner than specified. He noted that 3mm frames are commonly used for rigidity and structural stability.
He said that once the materials were delivered and inspected on site, Kigongo and Mosa Courts allowed installation to proceed.
Under sections 42 and 43 of the Sale of Goods and Supply of Services Act, a buyer who, after inspection, does any act inconsistent with the seller’s ownership is deemed to have accepted the goods.
“Authorising materials delivered on site to be incorporated into the structure of the building constituted acceptance of obvious defects,” Mubiru ruled.
He found that the rejection only came later, after Kigongo opted for bulletproof glass, which had not been part of the original contract.
“It appears to me… that the rejection only came about after Kigongo experienced a change of taste and realised the window and door frames… would be unsuitable for his now preferred use of bulletproof glass, which was not part of the contract specifications,” Justice Mubiru observed.
He concluded that Kigongo and Mosa Courts had wrongfully stopped the works and could not rely on their own conduct to terminate the contract. He invoked the prevention principle, which bars a party from benefiting from its own breach.
In the end, the court ruled in favour of Diamond Glass Mart against Kigongo and Mosa Courts Apartments for the outstanding contractual balance of Shs 36 million.
Kigongo and his company also have to pay Shs 26 million in damages and costs to Diamond, bringing the total to Shs 58 million.
