Wakilii

Ddamba Joseph v Bujingo James Makanga (Civil Suit 987 of 2022)

High Court · [2025] UGHCLD 76 · 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 land sale agreement and specific performance
Decision
Defendant ordered to vacate and deliver vacant possession within 90 days; damages awarded to plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a defendant who fails to deliver vacant possession of land after receiving full payment under a land sale agreement is in breach of contract. The court granted specific performance, ordering the defendant to vacate and deliver possession within 90 days, and awarded general damages of UGX 20,000,000 plus interest at 6% per annum from judgment.

Outcome

Defendant ordered to vacate and deliver vacant possession within 90 days; damages awarded to plaintiff

Facts

The defendant approached the plaintiff to purchase his kibanja at Kawanda Central, Nabweru Division, Wakiso District. On 14 November 2019, the parties executed a land sale agreement for UGX 57,000,000. The agreement stipulated that upon full payment, the defendant would hand vacant possession to the plaintiff by December 2020. The plaintiff paid the full purchase price but the defendant failed to deliver vacant possession. A locus visit confirmed that the suit land contained a house occupied by the defendant's mother and that the plaintiff had never taken possession. The defendant did not file a defence and the matter proceeded ex parte.

Issues

  1. Whether the defendant breached the land sale agreement with the plaintiff?
  2. What are the available remedies?

Orders

  • It is declared that the defendant is in breach of the contract executed between him and the plaintiff dated 14th November 2019.
  • The defendant, his agents, servants, or any other persons claiming under him, are ordered to vacate and deliver vacant possession of the suit premises comprised in Kawanda Central Nabweru Division-Wakiso District measuring approximately 120ft x 69ft x 155ft x 50ft within 90 days from the date hereof, failure of which a notice of eviction shall issue.
  • General damages of UGX 20,000,000 at an interest rate of 6% per annum from the date of the judgment are awarded to the plaintiff.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Failure to Deliver Possession After Full Payment
A vendor who fails to deliver vacant possession of land after receiving full payment under a land sale agreement is in breach of contract.
Contract Law — Specific Performance — Sale Agreements for Value
In equity, a sale agreement for value is treated as having been completely performed and is therefore specifically enforceable under Section 64 of the Contracts Act.
Land & Property — Eviction — Requirement of Valid Court Order
Under the Constitution (Land Evictions) (Practice) Directions 2021, every eviction must be preceded by a valid court order, and a court may order eviction to enforce delivery of vacant possession pursuant to a land sale agreement.
Contract Law — Damages — Assessment in Breach of Contract
General damages in breach of contract are awarded based on the court's assessment as a reasonable person, considering factors including economic value of the subject matter, duration of deprivation, and inconvenience suffered.

Legislation cited (4)

Cases cited (6)

  • Mogas (U) Limited v Benzina (U) Limited (Civil Suit No. 88 of 2013)
  • Behange v School Outfitters (U) Limited (2000) 1 EA 20
  • Dr Kaijuka Mutabaazi Emmanuel v Fang Min (Civil Appeal No. 23 of 2007)
  • Hajji Asuman Mutekanga v Equator Growers (U) Limited (Supreme Court Civil Appeal No. 7 of 1995)
  • Crescent Transportation Co Limited v Bin Technical Services Ltd (Court of Appeal Civil Appeal No. 25 of 2000)
  • 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.

Ddamba_Joseph_v_Bujingo_James_Makanga_(Civil_Suit_987_of_2022)_[2025]_UGHCLD_76_(14_March_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.