Kayongo v Nampala & 5 Others (Civil Suit 174 of 2020)

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 plaintiff purchased land from the first defendant for UGX 180 million and subsequently paid an additional UGX 30 million to the second and third defendants, who ratified the agreement. The fourth, fifth and sixth defendants occupied the premises through an agent. The court held that in the absence of a defence, the plaintiff proved his case. The plaintiff was declared the rightful owner and awarded vacant possession, or in the alternative, compensation of UGX 180 million, plus general damages of UGX 40 million.

Outcome

Plaintiff declared rightful owner; defendants ordered to give vacant possession or pay compensation of UGX 180,000,000 plus general damages of UGX 40,000,000

Facts

On 13 June 2015, the plaintiff entered into a sale agreement with the first defendant for the purchase of a plot and house at Mutungo Parish, Nakawa Division, Kampala for UGX 180 million. The plaintiff paid UGX 50 million initially, and completed payment on 14 March 2017. The first defendant did not vacate as agreed. In 2018, it was revealed that the property had belonged to the late Nakaweesa Florence, and the first defendant was her sister. On 24 August 2019, the second and third defendants, daughters of the deceased, ratified the agreement and the plaintiff paid them an additional UGX 30 million. The fourth, fifth and sixth defendants, through their agent Kato Peter Kirunda, occupied the premises. The plaintiff reported a criminal case for trespass. The second and third defendants filed a separate suit seeking letters of administration for the estate of the late Nakaweesa Florence. The defendants filed written statements of defence but never appeared in court despite being duly served.

Issues

1. Whether the plaintiff is the lawful owner of the suit land located at Mutungo Parish, Nakawa Division, Kampala.
2. Whether the suit land forms part of the estate of the late Nakaweesa Florence.
3. Whether the plaintiff is entitled to vacant possession of the suit land.
4. Whether the plaintiff is entitled to general damages for inconvenience caused by the defendants.

Orders

• The plaintiff is the rightful owner of the suit land.
• The defendants shall give vacant possession of the suit land to the plaintiff.
• If the suit land has been transferred to third parties, the defendants are to compensate the plaintiff in the sum of one hundred and eighty million shillings (180,000,000/=).
• General damages of forty million shillings (40,000,000/=) awarded to the plaintiff for the inconvenience caused by the defendants.
• Interest on compensation at the rate of 10% per annum from day of the cause of action till payment in full.
• Interest of 10% per annum on general damages awarded from the date of judgment till payment in full.
• Costs of the suit awarded to the plaintiff.

Rules and key headnotes

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