Wakilii

Bernard Nsubuga Kizito v Salongo Kato Muhamed (Cv. Cs. No. 428 Of 2005) (Cv. Cs. No. 428 of 2005)

High Court · [2009] UGHC 152 · 2009 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money and general damages
Decision
Defendant found liable for fraudulent misrepresentation and breach of contract; ordered to pay money judgment plus general damages with interest and costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court found that the defendant fraudulently obtained US$5,970 from the plaintiff by falsely promising to secure a U.S. visa and air ticket for the plaintiff's brother. The court preferred the plaintiff's evidence, finding the defendant's denials incredible and his testimony untruthful. The defendant was ordered to repay the full amount plus general damages of UGX 5,000,000 for anxiety and suffering, with interest at 18% per annum from the date the transactions commenced.

Outcome

Defendant found liable for fraudulent misrepresentation and breach of contract; ordered to pay money judgment plus general damages with interest and costs.

Facts

In April 2004, the defendant represented himself as an employee of the President's Office and offered to secure a U.S. visa and air ticket for the plaintiff's brother, PW2 Julius Lwanga. The plaintiff, a U.S. resident, agreed to pay US$2,500. The defendant received multiple payments totaling US$5,970 through various channels including the plaintiff's late sister Christine Ssemafumu and moneygram transfers. The defendant repeatedly made excuses and changed the travel arrangements, at one point claiming travel would be through Nairobi and requesting additional funds. In December 2004, the plaintiff traveled from the U.S. to Uganda to collect the promised travel documents. The defendant confirmed receiving all payments but failed to appear at the agreed meeting place to deliver the documents. No visa or air ticket was ever provided. The defendant had been criminally prosecuted and acquitted at Buganda Road Court, but the reason for that acquittal was not disclosed to the High Court.

Issues

  1. Whether there was a contract between the parties.
  2. Whether there was breach of contract by the defendant.
  3. What are the remedies available to the parties?

Orders

  • Judgment entered for the plaintiff against the defendant.
  • Defendant to pay US$5,970 or its equivalent in Uganda shillings at the current rate of exchange at the date of final payment.
  • Defendant to pay UGX 5,000,000 as general damages.
  • Interest at 18% per annum on the sum in USD from 01.04.2004 until payment in full.
  • Interest at 18% per annum on general damages from the date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Evidence — Evaluation of Testimony — Assessment of Credibility — Demeanour and Consistency
In evaluating witness testimony, the court may consider the demeanour of witnesses, the consistency of their evidence, and whether their testimony withstands cross-examination. A witness who speaks calmly and clearly, gives straightforward answers, and is not broken down in cross-examination enhances the credibility of their evidence.
Evidence — Credibility — Party Bound by Own Pleadings — Contradiction of Pleaded Facts
A party is bound by their own pleadings. Where a defendant admits in their written statement of defence the correctness of the description of their name in the plaint, but subsequently denies that name in testimony, the court may conclude that the defendant is deliberately lying to avoid liability.
Evidence — Standard of Proof — Balance of Probabilities in Civil Cases
In civil proceedings, the court decides the case on a balance of probabilities based on the totality of evidence adduced. The court may prefer the evidence of one party over another where that evidence is more credible and consistent with the documentary and circumstantial evidence.
Evidence — Criminal Acquittal — Effect on Civil Liability — Res Judicata
An acquittal in criminal proceedings is not conclusive of exonerating a defendant from liability in subsequent civil proceedings arising from the same facts. A civil case must be decided on the basis of the evidence adduced before the civil court, and the mere fact of criminal acquittal does not, per se, relieve the defendant of civil liability.
Contract Law — Formation — Oral Contracts — Telephonic Agreement
A binding contract may be formed through telephone communications where there is offer, acceptance, and consideration, even in the absence of written documentation. The fact that parties negotiate and agree terms by telephone does not prevent the formation of an enforceable contract.
Damages — General Damages — Anxiety, Suffering and Inconvenience — Fraudulent Misrepresentation
Where a defendant's deceitful conduct causes a plaintiff to suffer anxiety, pain, suffering and inconvenience, including being induced to travel internationally in reliance on false assurances, the plaintiff is entitled to an award of general damages to compensate for the non-pecuniary losses suffered.
Damages — Interest — Rate and Commencement Date — Money Paid Under Fraudulent Scheme
Interest on money obtained by fraud runs from the date of the fraudulent transaction until payment in full. Interest on general damages runs from the date of judgment until payment in full. The court has discretion to set the rate of interest appropriate to the circumstances.

Full judgment

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Bernard Nsubuga Kizito v Salongo Kato Muhamed (Cv. Cs. No. 428 Of 2005) (Cv. Cs. No. 428 of 2005) [2009] UGHC 152 (28 August 2009)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.