Wakilii

Edward Mpagi v Kasulu Property Masters Ltd (HCT-00-CC-CS 487 of 2004)

High Court · [2005] UGCOMMC 20 · 2005 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 heard ex-parte
Decision
Judgment for plaintiff with refund of payment and interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court found that the defendant breached an agreement to sell land to the plaintiff. After receiving Shs.5 million from the plaintiff, the defendant informed him the land was unavailable and issued a refund cheque which was dishonoured. The plaintiff was entitled to recover the Shs.5 million with interest at 17% per annum from the cheque date until judgment, and thereafter at court rate until full payment.

Outcome

Judgment for plaintiff with refund of payment and interest

Facts

The plaintiff saw an advertisement for land at Lugard Avenue, Entebbe, offered for sale at Shs.35 million. After inspecting the property, he contacted the defendant's proprietor Mr. Kasulu who advised that another buyer was interested. To secure an advantage, the plaintiff paid Shs.5 million on 31st March 2004 and received a receipt. On 7th April 2004, Mr. Kasulu informed the plaintiff the land was unavailable and offered an alternative plot, which the plaintiff refused. The plaintiff demanded a refund. On 21st May 2004, the defendant issued a post-dated cheque for Shs.5 million dated 28th May 2004, which was dishonoured upon presentation. Despite notice of dishonour and numerous reminders, the defendant failed to honour the payment.

Issues

  1. Whether the plaintiff is entitled to a refund of Shs.5,000,000.00 with interest from the defendant.

Orders

  • Judgment entered for the Plaintiff in the sum of Shs.5,000,000.00.
  • Interest awarded at 17% per annum from 28th May 2004 to 11th May 2005.
  • Interest thereafter at court rate until payment in full.
  • Costs of the suit awarded to the Plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Refund of Payment — Failed Land Purchase Agreement
Where a defendant receives payment for a land purchase but subsequently informs the plaintiff that the land is unavailable and issues a cheque for refund which is dishonoured, the plaintiff is entitled to recover the payment made.
Damages & Quantum — Interest — Discretionary Award — Rationale in Financial Transactions
Interest on sums awarded in financial transactions is discretionary under Civil Procedure Act s.26, with the rationale being to compensate the litigant for what would probably be earned if the money were not withheld.
Civil Procedure — Ex Parte Hearing — Unchallenged Evidence — Acceptance by Court
Where a suit is heard ex-parte and the defendant's pleaded defence is unsupported by evidence on record, the court accepts the plaintiff's unchallenged version of events.

Legislation cited (1)

Full judgment

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

Edward Mpagi v Kasulu Property Masters Ltd (HCT-00-CC-CS 487 of 2004) [2005] UGCommC 20 (10 May 2005)
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.