Jolly Mutengu v Johnson Mutengu & anoer (Misc.App.No.347 Of 2002) (Misc.App.No.347 of 2002)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The parties settled a dispute over matrimonial property comprised in LRV 1994 Folio 10, Plot 100 Bukoto. The plaintiff agreed to pay the second defendant UGX 7,000,000 in installments, upon which the property would be transferred to the plaintiff free of encumbrances. The court entered judgment on the terms of the consent order.

Outcome

Matter settled by consent. Property to be transferred to plaintiff upon completion of payment installments.

Facts

The plaintiff sued the defendants seeking a declaration of equitable interest in matrimonial property comprised in MRK 994 Folio 10 Plot No. 1000 Bukoto, an order restraining sale without adequate shelter provision, or alternatively payment of 50% of the purchase price as her contribution to development. When the suit came for hearing, counsel for the plaintiff and the second defendant agreed to settle on terms set out in a consent order dated 20 May 2003.

Orders

• The plaintiff shall pay UGX 7,000,000 to the 2nd defendant in seven installments between 26 May 2003 and 26 November 2003.
• Upon full payment, the property comprised in LRV 1994 Folio 10, Plot 100 Bukoto shall be transferred by the 2nd defendant to the plaintiff free of encumbrances.
• The 2nd defendant shall have the suit property released from any encumbrances before payment of the fourth installment.
• The Registrar of Titles is authorised to transfer the suit property to the plaintiff upon proof of compliance with the payment terms.
• Each party shall bear his/her own costs.

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