By Andante Okanya
Trans Africa Assurance Company and SDV Transami Uganda Limited are locked in a $199,812(about sh500m) breach of contract battle over purportedly lost goods.
On November 28, distribution company Translink Uganda Limited filed a suit at the High Court in Kampala on behalf of Trans Africa Assurance Company Limited. It was filed through Sebalu and Lule Advocates.
The items,549 Samsung Television pieces, purportedly disappeared in transit under the custody of SDV Transami from Mombasa Port, Kenya to Kampala.
“In so far as the defendant failed to safely and securely transport and deliver the said goods to the plaintiff, the plaintiff contends that the defendant fundamentally breached the contract and is liable to pay general damages,” the plaint states.
On July 15, 2011, Translink obtained a deed of subrogation from Trans Africa to pursue SDV Transami.
Subrogation refers to substitution of one person in the place of another with reference to a lawful claim, demand, or right.
The defendant is listed as SDV Transami, although it rebranded last year and now trades as Bolloré Africa Logistics Uganda Limited.
Bolloré Africa Logistics is a subsidiary of Bolloré group in France. It is one of the leading logistics networks in Africa with 250 subsidiaries. With a global presence in 55 countries, 45 of them are in Africa.
The company’s foot print is visible in freight forwarding, customs brokerage, supply chain support, and purchase order management.
Court documents show that on February 14, 2011, Translink purchased 549 pieces of Samsung colour televisions from Thai Samsung Electronics Company Limited, Thailand. The total invoice value of the goods was $182,311(about sh460m).
Documents also show that the items were dispatched from Thailand on February 27, 2011 aboard ocean vessel S055 Nanta Bhum. They arrived at Mombasa Port, Kenya on March 27, 2011.
However, prior to the arrival of the consignment at Mombasa, SDV Transami was contracted to handle the clearing, forwarding, and transportation of the container.
On April 10, 2011, the items were transported by road from Mombasa to Translink’s office on Plot 4, Muwesi Road, Kampala.
Court documents further show that Translink had taken a goods on transit policy from Trans Africa Assurance, and claimed compensation of $199,812(about sh500m).
SDV Transami is yet to file is yet to file its defence. A hearing date is yet to be scheduled.