Flight company dragged to court over failure to deliver wedding gifts

A flight company Egypt Air Corporation has been dragged to court over breach of contract for allegedly failing to deliver wedding gifts worth Shs10 million.

In a law suit filed before the High Court Commercial Division, Ms Jackline Ntarutaimana claims that she entered into a contract with the company to export her goods worth Shs10million to the United States of America (USA).

Ms Ntarutaimana notes that the flight company which is the defendant in this case, assured her of the delivery of the said goods within three days and in compliance with the said contract she paid USD120.90 (about Shs400,000) as freight charges.

"Prior to the said engagement, the plaintiff (Ms Ntarutaimana) informed and duly related to the defendant that the goods to be shipped had time deadline for the delivery since they were wedding gifts for the plaintiff's client," reads the document in part.

Ms Ntarutaimana narrates that on April 7, 2016, the said goods where delivered at Entebbe airport, cleared and released for export to New York John F Kennedy Airport from which they would be delivered to the client.

She further states that on several occasions since April 12, 2016 she painfully requested for the status of her goods to which the flight company kept tossing her about until the day of the event reached on April 29, 2016 without the said goods.

"That due to the defendant's conduct, omission, the plaintiff's contract was terminated to which the plaintiff was condemned in payment of damages with a refund of the contract price now to a tune of USD10,000 (about Shs36m)," reads the court documents.

Ms Ntarutaimana states that up to date the goods have never been delivered.

She avers that the defendant's conduct is unlawful and amounts to a breach of contract for which she is entitled to rescind the same.

Ms Ntarutaimana says that as a result of the conduct of the defendant, she suffered loss and damage, particulars of which she will adduce at the hearing.

Through her lawyers of Crimson Associated Advocates, Ms Ntarutaimana is seeking for a recovery of Shs50million which she says is the value of her claim now.

She is also seeking for a declaration that the flight company breached the contract,
general damages for the breach of contract, special damages and costs of the suit with interest.