Wakilii

Capt. Joseph Charles Roy and Another v Hussein Kasaga and Another (Civil Suit No. 257 of 2019)

High Court · [2025] UGCOMMC 475 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract and recovery of outstanding purchase price
Decision
Judgment entered for the plaintiffs with payment of outstanding balance, general damages, interest, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the defendants breached their contractual obligation by failing to pay the outstanding balance of UGX 104,000,000 on a land sale agreement after the land had been transferred and subdivided. The court awarded the principal sum, general damages calculated at 8% per annum from the date of breach, and interest at 10% per annum on the decretal sum from judgment until full payment.

Outcome

Judgment entered for the plaintiffs with payment of outstanding balance, general damages, interest, and costs

Facts

On 26 July 2017, the plaintiffs agreed to sell 50 acres of land comprised in Block 248 Plot 254 at Katente, Mukono District, to the first defendant at UGX 500,000,000. The land was transferred to the second defendant company, owned by the first defendant, who paid UGX 396,000,000 and then subdivided the land into 350 plots for sale. The defendants failed to pay the outstanding balance of UGX 104,000,000 despite the transfer being completed on 27 September 2017 and payment being due by 26 October 2018. The defendants did not appear at trial despite being served with notice.

Issues

  1. Whether the defendants breached the contract by failing to pay the outstanding balance?
  2. Whether the parties are entitled to any remedies?

Orders

  • The defendants shall pay the plaintiffs the sum of UGX 104,000,000 being the outstanding amount.
  • The defendants shall pay interest on the principal sum at the rate of 10% per annum from the date of judgment until payment in full.
  • The plaintiffs are awarded the sum of UGX 49,920,000 as general damages.
  • The plaintiffs are awarded costs of the suit.

Rules and key headnotes

Contract Law — Breach of Contract — Failure to Pay Purchase Price
A party who receives transfer of land and proceeds to subdivide and sell it to third parties cannot evade contractual payment obligations on grounds of alleged third-party interests when payment fell due after transfer was completed.
Evidence — Burden of Proof — Legal and Evidential Burden
While the legal burden of proof remains with the plaintiff throughout the trial and does not shift, the evidential burden shifts depending on the effectiveness with which parties discharge their obligations to adduce evidence, determined by answering who would lose if no further evidence were introduced.
Damages & Quantum — General Damages — Delayed Payment of Money
In cases of delayed repayment of money, additional general damages are not awarded arbitrarily; instead, compensation is provided in the form of interest calculated based on prevailing interest rates and inflation during the period of delay to reflect the real value of money lost.
Damages & Quantum — Interest — Discretion of Court
The court's discretion to award interest on a decretal sum must be exercised judiciously, taking into account inflation and currency depreciation to ensure adequate compensation without imposing a harsh burden, and a plaintiff is entitled to such rate as would insulate against economic vagaries.
Civil Procedure — Costs — Costs Follow the Event
Costs shall generally follow the event and a successful party can only be denied costs if it is proved that but for their conduct the action would not have been brought; costs will follow the event where the party succeeds in the main purpose of the suit.

Legislation cited (9)

Cases cited (18)

  • Sebuliba Busuulwa v Co-operative Bank Ltd [1982] HCB 129
  • Isaac Aluoch Polo Aluochier v The Senate & 2 Ors Petition No. E014 of 2025
  • Raila Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 42 (KLR)
  • Printing and Numerical Registering Co. v Simpson (1875) LR 19 Eq 462
  • Behange v School Outfitters (U) Ltd (2000) 1 EA 10
  • Kabandize John Baptist and 21 Others v Kampala Capital City Authority (Court of Appeal Civil Appeal No. 36 of 2016)
  • Takiya Kashwahiri and Another v Kajungu Denis (Court of Appeal Civil Appeal No. 85 of 2011)
  • Uganda Commercial Bank v Deo Kigozi (1 EA 305)
  • James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 13 of 1993)
  • Erukana Kuwe v Isaac Patrick Matovu and another (High Court Civil Suit No. 177 of 2003)
  • Hadley v Baxendale (1854) 9 Exch 341
  • Charles Acire v M. Engola (High Court Civil Suit No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Nilecom Limited v Kodjo Enterprises (Civil Suit No. 18 of 2014)
  • Sowah v. Bank for Housing & Construction [1982-83] 2 GLR, 1324
  • Milly Masembe v Sugar Corporation (U) Ltd and Another (Supreme Court Civil Appeal No. 1 of 2000)
  • Mohanlal Kakubhai Radia v Warid Telecom Uganda Ltd (High Court Civil Suit No. 224 of 2011)
  • Uganda Development Bank v Muganga Construction Co. Ltd [1981] HCB 35

Full judgment

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

Capt. Joseph Charles Roy and Another v Hussein Kasaga and Another (Civil Suit No. 257 of 2019) [2025] UGCommC 475 (28 November 2025)
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.