The judge in case, Justice Lydia Mugabe, dragged James Kayita and his company, Hallmark Construction and Painting Company Limited to court.
She accused them of working on her ten apartment block in a careless manner. The apartment is located in Ntebetebe Katuba Cell in Bweyogere in Kira Municipality, Wakiso district.
She said in her statement that the two entered an agreement for doing finishing work for which she paid the contractor. However, despite being paid, they still did a poor job.
The high court delivered its judgement on Monday
Court Judge Musa Ssekaana said that whereas a contract on the expectation existed, the contractor did shoddy works regardless, which displayed negligence.
“As per my preceding findings, I found that there was evidence showing cracked wall plaster. Plaster peeling off the walls, cracked ceiling plaster, cracked ceiling cornices, defective door frames, and unlevelled floor tiles or cracked/ damaged floor tiles among others. This is also evidence of negligently performing the construction works which can be faulted on the defendants jointly and severally. This court would not encourage ‘reckless and hazardous’ as well as economically inefficient behavior on the part of the defendants (contractor) as this would appear to condone unskilled personnel in the construction industry which may lead to loss of life and property in future due to collapsing buildings in Uganda,” Ssekaana said.
According to the evidence provided, Justice Mugambe suffered financial losses when the contractor failed to honor the contract and did shoddy work.
The court also directed the contractor to pay special damages to a tune of shs27 million to Justice Mugambe. 15% on this amount from the date of filing and 20% awarded on general damages from the date of judgment.
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