Asiimwe v Ssemwanga (Civil Suit No. 128 of 2010)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Where a purchaser has paid substantial consideration under a land sale agreement and the vendor fails to deliver title, execute transfer forms, or provide vacant possession, the purchaser acquires equitable ownership and is entitled to specific performance. The court may order the Registrar of Titles to issue a Special Certificate of Title in the purchaser's favour where the vendor cannot be compelled to deliver the original title.

Outcome

Judgment entered for the Plaintiff; specific performance granted with Registrar of Titles to issue Special Certificate of Title in Plaintiff's favour

Facts

On 5 March 2008, the plaintiff entered into a sale agreement with the defendant to purchase 3 acres of land at Ssisa Musaale, Busiro Block 411 Plot 5 for UGX 57,000,000. The plaintiff paid UGX 27,000,000 upon signing and subsequently paid an additional UGX 15,000,000 to enable the defendant to process title documents. The defendant was obligated to process a separate certificate of title and execute transfer documents upon receipt of the final instalment of UGX 30,000,000. The plaintiff attempted to pay the balance through the defendant's lawyer, but the money was returned because the defendant failed to produce the title and transfer documents. The defendant thereafter went into hiding. The plaintiff caveated the land in October 2009. Despite being served, the defendant failed to file a defence or appear at any hearing dates, and the matter proceeded ex parte.

Issues

1. Whether there was a breach of contract by the Defendant.
2. What are the remedies available to the parties.

Orders

• Specific performance of the Sale Agreement dated 5th March 2008 granted.
• The Registrar of Titles is ordered to issue a Special Certificate of Title for Block 411 Plot 5, land at Ssisa, Musaale in favour of the Plaintiff.
• General damages of UGX 5,000,000 awarded to the Plaintiff.
• Interest at court rate from the date of filing suit until payment in full awarded.
• Costs of the suit awarded to the Plaintiff.
• Judgment entered against the Defendant in the above terms.

Rules and key headnotes

Cases cited (3)

• Lysaght v Edwards [1876] 2 Ch D 499
• Gabriel Rugambwa & Another vs Erizoni Bwambale & Another [1997] I KARL 83
• Katarikawe v Katwiremu [1997] HCB 187

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ariko v Omara and Another (Election Petition No. 7 of 2021)

The original judgment as reported. Read the original PDF before relying on any passage.