A Ugandan court has ordered Moses Kigongo, the first national vice chairperson of the National Resistance Movement, to pay Shs 58 million in damages and costs to a contractor over a long-running dispute involving aluminium doors and windows installed at his property in Mpigi.
The ruling follows a contractual disagreement between Kigongo and Diamond Glass Mart, a company he hired in May 2019 to supply and install aluminium doors, window frames and glass works at his private residence and ten cottages at Maya Nature Resort in Mpigi. The contract was valued at Shs 120 million.
Court records show that the conflict began after Kigongo demanded what he described as bulletproof glass, which Diamond Glass said was never part of the original agreement. Kigongo later paid the contractor Shs 83.25 million, leaving an unpaid balance of Shs 36.75 million, prompting the company to seek legal redress.
Diamond Glass director Ibrahim Lubega told court that all contracted works were completed, but payment was withheld without justification. Kigongo and his company, Mosa Courts Apartments, denied liability, accusing the contractor of delays exceeding one year and of supplying aluminium thinner than the agreed specifications.
The matter was heard by Stephen Mubiru, who examined whether Diamond Glass breached the contract by supplying aluminium frames measuring 2mm at the bottom and between 1.2mm and 1.5mm on the sides, instead of the agreed 3mm and 2mm.
Lubega testified that during procurement in China, aluminium of the exact specified dimensions was no longer in production and that Kigongo’s agent approved the alternative sizes before purchase.
Justice Mubiru noted that while 3mm aluminium is typically used for added rigidity, Kigongo and Mosa Courts inspected the materials on site and authorised installation to proceed. Under the Sale of Goods and Supply of Services Act, the judge ruled that allowing installation amounted to acceptance of the materials.
“Authorising materials delivered on site to be incorporated into the structure of the building constituted acceptance of obvious defects,” the judge held.
The court further found that the rejection of the works only arose after Kigongo decided he wanted bulletproof glass an option not included in the original contract.
“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,” Justice Mubiru observed.
Invoking the prevention principle, the court ruled that Kigongo and his company could not benefit from conduct that effectively halted completion of the contract.
In the final judgment, the court awarded Shs 36 million as the outstanding contractual balance and an additional Shs 26 million in damages and legal costs, bringing the total payable by Kigongo and Mosa Courts Apartments to Shs 58 million.
The ruling brings to a close a five-year legal battle that underscores the legal risks surrounding contract variations and post-agreement changes in project specifications.
