Wakilii

Daka v Wamboga & Another (Civil Suit 72 of 2022)

High Court · [2024] UGHC 993 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of land sale agreement and ownership declaration, heard ex parte after defendants failed to appear
Decision
Plaintiff declared lawful owner of the suit land; 1st Defendant and associates ordered to vacate; 2nd Defendant ordered to cancel 1st Defendant's name and register land in Plaintiff's name; permanent injunction granted

Observed later treatment

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Holding

Held that the plaintiff paid the full purchase price for unregistered land under a 2017 sale agreement. The 1st defendant breached the agreement by registering the land in his own name after receiving payment and by re-entering and subdividing the land. The doctrine of estoppel barred the 1st defendant from claiming breach where he accepted irregular instalments without objection. Registration in the defendant's name after full payment constituted unjust enrichment. Plaintiff declared lawful owner; defendant ordered to vacate, refund excess payment, compensate for land shortage, and pay general damages and mesne profits.

Outcome

Plaintiff declared lawful owner of the suit land; 1st Defendant and associates ordered to vacate; 2nd Defendant ordered to cancel 1st Defendant's name and register land in Plaintiff's name; permanent injunction granted

Facts

In February 2017, the plaintiff agreed to purchase unregistered land measuring 2 acres at Miyale village from the 1st defendant for UGX 140,000,000, paying a deposit. The parties formalized the sale on 5 October 2018, agreeing that the plaintiff would pay the balance in instalments. The 1st defendant handed over vacant possession. The plaintiff paid instalments beyond the agreed timelines and amounts, which the 1st defendant accepted without objection, eventually paying a total of approximately UGX 143,954,000 by June 2022. In 2020/2021, the 1st defendant registered the land in his own name without the plaintiff's knowledge. The defendant then re-entered the land, subdivided it, and allegedly sold portions to third parties. The plaintiff brought this suit seeking declarations of ownership, eviction, damages, and orders directing the 2nd defendant to transfer the title to his name. The defendants failed to appear and the matter proceeded ex parte.

Issues

  1. Whether the Plaintiff paid all the purchase price for the suit land.
  2. Whether the Plaintiff breached the land sale agreement and if so, whether the Plaintiff is the lawful owner of the suit land.
  3. Whether the 1st Defendant is in any way indebted to the Plaintiff.
  4. What remedies are available to the parties.

Orders

  • It is declared that the Plaintiff is the lawful owner of land comprised in Freehold Register Volume Mba 81 Folio 22 Central Mbale Block 3 Plot 5270 Land at Miyale measuring 0.5170 Hectares.
  • It is declared that the 1st Defendant is indebted to the Plaintiff to the tune of UGX 3,954,000.
  • It is declared that the 1st Defendant breached the agreement when he re-entered the suit land without the consent and or approval of the Plaintiff.
  • It is declared that the 1st Defendant breached the agreement when he handed over land measuring less than 2 acres contrary to what was agreed upon.
  • The 2nd Defendant is ordered to cancel the name of the 1st Defendant from the Duplicate certificate of title for Freehold Register Volume Mba 81 Folio 22 Central Mbale Block 3 Plot 5270 Land at Miyale measuring 0.5170 Hectares and register it in the names of the Plaintiff.
  • The 1st Defendant, his nominees, servants or agents shall vacate the suit land forthwith.
  • The 1st Defendant is ordered to compensate the Plaintiff for the balance of the land at the current market value after proper survey of the land to ascertain the missing decimals.
  • The Plaintiff is awarded mesne profits of UGX 5,000,000.
  • The Plaintiff is awarded general damages amounting to UGX 50,000,000 at an interest of 8%.
  • A permanent injunction is issued restraining the Defendants, their agents, assignees, legal representatives or any other person rightfully acting under the Defendants from transferring, disposing of, alienating, selling, constructing, developing, mortgaging, creating third party interest or in any way dealing with the suit land without the consent of the Plaintiff.
  • Costs of the suit are awarded to the Plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Estoppel — Acceptance of Non-Conforming Performance
Where a vendor under a land sale agreement accepts instalments paid beyond the agreed timelines and in amounts less than stipulated without objection, the vendor is estopped by conduct from later claiming that the purchaser breached the contract by failing to comply with the payment schedule.
Contract Law — Land Sale Agreements — Registration Obligations — Breach
Where a land sale agreement for unregistered land stipulates that the purchaser shall bear registration and transfer costs, registration of the land in the vendor's own name after receipt of the full purchase price constitutes a breach of contract, notwithstanding that the vendor undertook the registration process.
Land & Property — Unjust Enrichment — Registration After Sale
A vendor who registers land in his own name after selling it as unregistered land and receiving full payment is unjustly enriched, and the court will order restitution by directing transfer of the title to the purchaser.
Contract Law — Breach of Contract — Quantum Meruit — Land Sale — Area Deficiency
Where a vendor delivers land measuring less than the acreage specified in the sale agreement, the vendor breaches the contract and is liable to compensate the purchaser for the deficiency at current market value.
Civil Procedure — Ex Parte Proceedings — Service — Failure to Appear
Where affidavits of service establish that defendants were properly served with pleadings, hearing notices, and process but failed to appear or file responses, the court may proceed to hear the matter ex parte under Order 9 rule 20 of the Civil Procedure Rules.

Legislation cited (5)

Cases cited (13)

  • Crabb v Arun District Council [1976] 1 Ch 183
  • Ramsden v Dyson (1866) LR 1 HL 129
  • Schock v Nash 732 A.2d 217 (Del 1999)
  • Nelson v Larholt [1947] 2 All ER 751
  • Nakana Trading Co Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)
  • AZK Service Limited v Crane Bank Limited (Civil Suit No. 334 of 2016)
  • George Kasedde Mukasa V. Emmanuel Wambedde
  • Strooms v Hutchinson [1905] AC 525
  • Dharamshi v Karsan [1974] 1 EA 41
  • Common Cause, A Registered Society V. Union of India
  • Govind Yadav V. New India Insurance Company Ltd. 16
  • Riches v Westminster Bank Ltd [1947] 1 All ER 469 (HL)
  • Enviro-Legal Action v Union of India (2011) 8 SCC 161

Full judgment

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Daka v Wamboga & Another (Civil Suit 72 of 2022) [2024] UGHC 993 (24 October 2024)
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.