Wakilii

Gandigude Joshua v Lugunga Tadeo and Another (Civil Suit 107 of 2023)

High Court · [2026] UGHC 396 · 2026 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 contract, judgment in default entered after defendants failed to file defence
Decision
Judgment entered for plaintiff with orders for payment of outstanding purchase price, general damages, interest at court rate, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a purchaser fails to pay the balance of the purchase price under a land sale agreement and instead transfers the land to a third party without the seller's consent and without full payment, the seller is entitled to recover the outstanding purchase price, general damages for breach of contract, and costs. The court awarded the outstanding balance of UGX 60,000,000, general damages of UGX 30,000,000, and interest at court rate from judgment.

Outcome

Judgment entered for plaintiff with orders for payment of outstanding purchase price, general damages, interest at court rate, and costs

Facts

By agreement dated 17 February 2019, the first defendant agreed to purchase land from the plaintiff for UGX 68,000,000, payable in two instalments: UGX 8,000,000 upon execution and UGX 60,000,000 by 23 February 2019. The first defendant paid only the initial instalment. The parties entered a Memorandum of Understanding dated 23 February 2019 extending payment to 30 March 2019 and allowing the first defendant to use the land as security for a bank loan. The plaintiff executed transfer forms and handed over the duplicate certificate of title for this limited purpose. Instead of obtaining a loan, the first defendant transferred the land into the names of the second defendant without the plaintiff's consent and without paying the balance. When discovered, the defendants signed transfer forms to revert the land but deliberately failed to provide the company seal and resolution necessary to complete the transfer. The balance of UGX 60,000,000 remained unpaid for over seven years.

Issues

  1. Whether the plaintiff is entitled to the remedies sought?

Orders

  • The defendant pays to the Plaintiff the sum of UGX 60,000,000 (Sixty Million Uganda Shillings Only).
  • The defendant pays the plaintiff general damages of UGX 30,000,000.
  • Interest at court rate on both the principal sum and general damages from date of Judgment till payment in full.
  • Costs of this suit awarded to the plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Land Sale Agreement — Failure to Pay Purchase Price
Where a purchaser under a land sale agreement fails to pay the balance of the purchase price by the agreed date, this constitutes a fundamental breach of contract entitling the seller to recover the outstanding sum.
Land & Property — Land Transactions — Unauthorised Transfer — Transfer for Limited Purpose
Where a seller entrusts transfer documents and a duplicate certificate of title to a purchaser strictly for the limited purpose of securing a bank loan, and the purchaser instead transfers the land to a third party without the seller's consent and without full payment, such conduct is inconsistent with the purpose for which the documents were entrusted and constitutes bad faith.
Contract Law — Damages — General Damages — Breach of Land Sale Agreement
General damages may be awarded for breach of a land sale agreement where the plaintiff proves inconvenience, emotional stress, and suffering caused by the defendant's conduct, including deliberate frustration of attempts to revert title and prolonged deprivation of land without payment.
Civil Procedure — Default Judgment — Burden of Proof — Uncontroverted Evidence
Where judgment in default is entered and the defendant fails to file a defence or participate in proceedings, the plaintiff must still prove his case on the balance of probabilities, but uncontroverted evidence that is inherently credible will be accepted by the court.

Legislation cited (5)

Cases cited (1)

  • Uganda Revenue Authority v Stephen Mabosi (SCCA No. 26 of 1995)

Full judgment

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

Gandigude Joshua v Lugunga Tadeo and Another (Civil Suit 107 of 2023) [2026] UGHC 396 (9 March 2026)
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.