Wakilii

Bob Drani v Robert Ssebugwawo & Anor (HCT-00-CC-CS 265 of 2006)

High Court · [2007] UGCOMMC 97 · 2007 Suit Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of purchase price and specific performance following alleged breach of sale agreement
Decision
Suit struck out; plaint rejected for disclosing no reasonable cause of action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court struck out the suit on the ground that the plaint disclosed no reasonable cause of action. The interlocutory judgment obtained by the plaintiff was set aside as it was based on defective service — the defendants' former lawyers had declined instructions and were not authorised to accept service. The plaintiff himself breached the agreement by refusing to hand over possession contrary to the express terms requiring immediate possession upon execution.

Outcome

Suit struck out; plaint rejected for disclosing no reasonable cause of action

Facts

The plaintiff and defendants entered into a sale agreement dated 12th January 2006 for property at Plot 657 Block 214 Kisaasi for UGX 380,000,000. The defendants were to assume an existing mortgage of UGX 119,014,000 to Housing Finance Company and pay the balance in instalments. The agreement provided for immediate possession upon execution. The defendants paid UGX 2,800,000 to Housing Finance in two instalments in January and February 2006. The plaintiff filed suit claiming the defendants breached the agreement by failing to pay the purchase price and sought recovery of UGX 377,200,000, specific performance, damages and costs. The plaintiff admitted he refused to hand over possession because the defendants had not paid, contrary to the agreement's express terms requiring immediate possession. The defendants were based in the USA and attempts at service abroad failed. Service was attempted through the defendants' former lawyers who declined to accept service on the basis they had no instructions. The sale subsequently flopped and the plaintiff sold the property to another party.

Issues

  1. Whether the interlocutory judgment entered against the defendants should stand in the absence of proper service.
  2. Whether the plaintiff breached the sale agreement by refusing to deliver possession to the defendants.
  3. Whether the plaint disclosed a reasonable cause of action entitling the plaintiff to recovery of the purchase price and specific performance.

Orders

  • Interlocutory judgment dated 29th November 2006 set aside.
  • Plaint rejected under Order 7 rule 11(a) of the Civil Procedure Rules for disclosing no reasonable cause of action.
  • Suit struck out.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Service of Process — Service Through Former Counsel Without Instructions
Service of court process on a party's former lawyers who have expressly declined instructions to represent the party in the suit and returned court documents unsigned does not constitute valid service. An interlocutory judgment entered on the basis of such defective service is irregular and must be set aside.
Civil Procedure — Pleadings — Rejection of Plaint — Cause of Action
A plaint which discloses no reasonable cause of action must be rejected under Order 7 rule 11(a) of the Civil Procedure Rules. Where a plaintiff himself breached the contract he seeks to enforce and has already sold the property to a third party, the plaint discloses no cause of action for recovery of purchase price or specific performance.
Contract Law — Sale of Land — Possession — Breach by Vendor
Where a sale agreement expressly provides for immediate possession upon execution, the vendor cannot refuse to deliver possession on the ground that the purchaser has not paid, unless the agreement itself makes possession conditional upon payment. The vendor's refusal to deliver possession in such circumstances constitutes a breach of the agreement by the vendor.
Contract Law — Interpretation — Oral Variation of Written Agreement
Where parties to a written agreement have expressly agreed that the agreement shall not be amended or varied except by a supplementary written agreement executed by both parties, oral evidence of a subsequent variation cannot be admitted to alter the express terms of the written agreement.

Legislation cited (1)

  • Civil Procedure Rules O.7 r.11(a)

Cases cited (1)

  • Paul Kalule Kagodo v Reuman Kanyoro (HCCS No. 740 of 1989)

Full judgment

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

Bob Drani v Robert Ssebugwawo & Anor (HCT-00-CC-CS 265 of 2006) [2007] UGCommC 97 (4 December 2007)
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.