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Court orders mattress company to pay sh74m for breach of contract

Justice Stephen Mubiru ordered Power Foam Uganda Limited to also pay interest on the sum at a contractual rate of 10 per cent per annum from August 25, 2017, until full payment.

The court also directed Power Foam Uganda Limited to pay the costs of the suit. (File photo)
By: Edward Anyoli, Journalist @New Vision

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The Commercial Division of the High Court has ordered Power Foam Uganda Limited, a mattress manufacturer, to pay sh74m to Trust Venturs Limited, a company supplying products used in the production of foam mattresses, as an outstanding balance.

Justice Stephen Mubiru ordered Power Foam Uganda Limited to also pay interest on the sum at a contractual rate of 10 per cent per annum from August 25, 2017, until full payment. The court further directed the company to pay the costs of the suit.

Trust Venturs deals in the supply of chemicals, including Polyether Polyols Toluene Diisocyanate, which are used in the manufacture of foam mattresses.  Power Foam Uganda is also a private limited liability company engaged in the manufacture of foam mattresses.

In August 2015, the parties entered into an arrangement under which Trust Venturs supplied chemicals to Power Foam Uganda on credit against invoices payable within seven days. The credit period was later extended to one month.

Pursuant to this arrangement, on June 4, 2016, Trust Venturs supplied Power Foam Uganda with chemicals worth $30,060 (sh111.2 million).

This was in addition to an earlier outstanding debt of $11,202 (sh 41.4million), bringing the total amount owed to $41,262 (sh152 million).  Power Foam Uganda later paid $21,187 (sh78.4 million), leaving an outstanding balance of $20,075(sh74 million).

Trust Venturs contends that despite receiving the goods, being duly invoiced, and receiving subsequent payment demands, Power Foam Uganda failed to settle the outstanding balance.

While delivering the judgment on June 22, 2026, Justice Mubiru noted that as a result of the delayed payment, Trust Venturs' supplier, Solvochem East Africa Limited, imposed a penalty of $1,300 (sh4.7million).

Trust
Venturs further states that it was compelled to borrow funds to meet its contractual obligations to suppliers, thereby incurring additional interest expenses.

“As a general rule, a person who has suffered as a result of another’s breach of contract is entitled to a restored position that the person would have occupied had the breach not occurred. In special circumstances where the loss did not arise from the ordinary course of things, general damages are awarded only for such losses of which the defendant had actual knowledge,” Mubiru said

According to court documents, despite several demands by Power Foam Uganda to clear the outstanding balance, the requests were not heeded.

Trust
Venturs subsequently instituted a suit seeking recovery of $20,075 (about sh74 million) as well as special and general damages for breach of contract, interest, and costs of the suit.

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Power Foam Uganda Limited
Trust Venturs Limited
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