Wakilii

Kampala Family Medicare Group Limited v Fred Makumbi (Civil Suit 101 of 2020)

High Court · [2026] UGHCCD 85 · 2026 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for recovery of money had and received and breach of contract, resolved by partial consent settlement with residual issues of interest and costs determined by the court
Decision
Substantive claim resolved by partial consent settlement; residual claims for interest and costs dismissed

Observed later treatment

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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

  1. Whether the plaintiff is entitled to interest on the monetary claim settled by partial consent.
  2. 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

Contract Law — Interest — Discretionary Award — Partial Settlement
Where parties to a contract dispute sign a binding partial settlement that expressly settles the plaintiff's monetary claim in full, the plaintiff cannot subsequently claim interest on that abandoned monetary claim.
Civil Procedure — Costs — Partial Settlement — Reconciliation
A partial settlement of a suit that resolves the substance of the dispute constitutes good reason for the court to decline to award costs to either party, consistent with the constitutional principle encouraging reconciliation between parties.
Civil Procedure — Consent Orders — Binding Effect — Scope of Remaining Issues
A partial consent settlement endorsed by the court that expressly limits the remaining issues for trial is fully binding on the parties and excludes from consideration any issue not expressly reserved for determination.

Legislation cited (3)

Cases cited (2)

Full judgment

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

Kampala Family Medicare Group Limited v Fred Makumbi (Civil Suit 101 of 2020) [2026] UGHCCD 85 (24 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.