Kampala Family Medicare Group Limited v Fred Makumbi (Civil Suit 101 of 2020)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Where parties to a civil suit sign a binding partial settlement resolving the substantive monetary claim, the plaintiff cannot claim interest on the abandoned monetary claim. Costs will not be awarded where a partial settlement demonstrates the parties' willingness to reconcile, consistent with the constitutional principle encouraging amicable dispute resolution.
Outcome
Substantive claim resolved by partial consent settlement; residual claims for interest and costs dismissed
Facts
The plaintiff purchased two parcels of land from the defendant under sale agreements dated 28 December 2010 and 7 September 2011, paying UGX 130,000,000 and UGX 100,000,000 respectively. The second parcel fell within an environmentally sensitive zone, prompting an amendment agreement on 28 November 2014 substituting a different 20-decimal parcel. The defendant failed to deliver certificates of title and transfer forms. The plaintiff sued for recovery of UGX 232,700,000 as money had and received, general damages, interest, and costs. On 30 August 2023, the parties signed a partial settlement whereby the defendant handed over certificates of title for the land and the plaintiff's monetary claim was settled in full, leaving only interest and costs for determination by the court.
Issues
- Whether the plaintiff is entitled to interest on the monetary claim settled by partial consent.
- Whether the plaintiff is entitled to costs of the suit following partial settlement.
Orders
- Claim for interest on UGX 232,700,000 dismissed.
- Each party to meet its own costs of the suit.
Rules and key headnotes
Legislation cited (3)
Cases cited (2)
- Ahmed Ibrahim Bholm v Car & General Ltd (Civil Appeal No. 12 of 2002)
- Impressa Infortunato Federici v Irene Nabwire (Civil Appeal No. 3 of 2000)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.