In the ancient Kingdom of Buganda, there is a saying that the fruits of labour are eaten only by those who live long enough (“ziriibwa muwangaazi”). This is not to be confused with the fruits of labour being eaten by the victor (“ziriibwa muwanguzi”).
In our last article, we showed how counsel and the courts pay too little attention to pre-judgment interest rate awards. Anchoring on the traditional wisdom of the Baganda, we demonstrate below how the resultant paltry interest rate awards imperil a judgment creditor and contribute to unnecessary litigation and case backlog.
Here is the scenario. A large company (“BigCo”) breaches its contract with a startup (“StartCo”). After two years of unsuccessful negotiations, during which creditors, tax authorities and other liabilities continue to mount, StartCo sues BigCo. After three years of a protracted court battle, StartCo wins. The court awards StartCo interest on the award against BigCo at the prescribed statutory rate of interest of