Agenonga v Mayanja (Civil Suit 282 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that the defendant breached a contract of sale by failing to pay the balance of UGX 115,000,000 after the plaintiff transferred land title to him and subsequently lifted a protective caveat to allow the defendant to secure a bank loan. The court awarded the plaintiff the outstanding purchase price with interest, plus general damages of UGX 50,000,000, but declined to reverse the land transfer or disturb the bank's mortgage interest, as both were executed with the plaintiff's consent.
Outcome
Defendant ordered to pay outstanding purchase price of UGX 115,000,000 plus general damages of UGX 50,000,000, both with interest. Land transfer to remain in defendant's name.
Facts
On 28 August 2020, plaintiff and defendant executed a sale agreement for land at Kyaggwe Block 192 Plot 2127 for UGX 135,000,000. Defendant paid UGX 20,000,000 and agreed to pay the balance of UGX 115,000,000 in twelve monthly installments to plaintiff's DFCU Bank account. The land was transferred to defendant's name with plaintiff's consent, and plaintiff lodged a caveat to protect his interest. Defendant later convinced plaintiff to remove the caveat so he could obtain a loan from Centenary Rural Development Bank to pay the balance. After securing the loan, defendant failed to pay the outstanding purchase price and instead used the loan monies for personal purposes. Plaintiff filed this suit seeking payment of the balance, cancellation of defendant's title, and restoration as registered proprietor.
Issues
- Whether the defendant is in breach of contract.
- Whether the Plaintiff was discharged as a result of the breach of contract.
- Whether the Plaintiff is entitled to the remedies sought.
Orders
- Judgment for the plaintiff for UGX 115,000,000 (One hundred fifteen million shillings) being the balance of the purchase price.
- Interest at 12% per annum on the principal sum from the date of filing the suit until payment in full.
- General damages of UGX 50,000,000 (Fifty million shillings).
- Interest at 12% per annum on general damages from the date of delivery of judgment until payment in full.
- Costs of the suit awarded to the plaintiff.
- No order for reversal of land ownership or disturbance of the Centenary Rural Development Bank's mortgage.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.