Kiyingi v Kimbowa and 6 Others (Civil Suit 215 of 2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that the plaintiff validly purchased 2.80 acres of registerable interest and paid the full purchase price of UGX 5,650,000. The 3rd defendant was not justified in lodging a caveat before the agreed payment deadline had elapsed. The court ordered removal of the caveat, specific performance compelling transfer of title to the plaintiff, and awarded general damages of UGX 5,000,000 against the 3rd defendant for wrongfully lodging the caveat.
Outcome
Judgment entered in favour of the plaintiff; caveat ordered removed; specific performance granted; general damages awarded; costs to plaintiff
Facts
The plaintiff purchased 2.80 acres of registerable interest in land comprised in Buruli Block 230 plot 256 from family members who were beneficiaries and administrators of the estate of the late Moses Grace Kibuka. The agreement dated 13 June 2014 set the purchase price at UGX 5,650,000, of which UGX 3,000,000 was paid immediately and the balance to be paid by November 2014. The 3rd defendant lodged a caveat on 14 July 2014, before the payment deadline. The plaintiff made subsequent installment payments totaling the full purchase price by February 2015. A consent judgment was entered between the plaintiff and the 1st and 2nd defendants confirming payment, but the 3rd defendant refused to remove the caveat. The 4th to 7th defendants joined as co-defendants asserting non-payment of the balance.
Issues
- Whether the plaintiff purchased registered interest of 2.80 acres on land comprised in Buruli Block 230 plot 256 land at Kijaguza Kakoge, Nakasongola District.
- Whether the full purchase price was duly paid.
- Whether the 3rd defendant was justified in lodging a caveat on the suit land.
- What remedies are available to the parties.
Orders
- The caveat lodged by the 3rd defendant Luwemba Godfrey on Block 230 plot 256 land at Kijaguza Kakoge, Nakasongola District be removed by the Commissioner Land Registration.
- An order of specific performance is granted compelling the defendants including the administrators of the estate to effect transfer of title equivalent to 2.8 acres on land comprised in Buruli Block 230 plot 256 at Kijaguza Kakoge, Nakasongola into the names of the plaintiff.
- The 3rd defendant to pay general damages of UGX 5,000,000 to plaintiff.
- The 3rd to 7th defendants to pay costs of this suit.
Rules and key headnotes
Legislation cited (3)
- Contracts Act No. 7 2010 s.10
- Registration of Titles Act s.139
- Registration of Titles Act s.42
Cases cited (6)
- William Kasozi v DFCU Bank Ltd (Civil Suit No. 1326 of 2000)
- Ronald Kasibante v Shell Uganda Ltd (Civil Suit No. 542 of 2016)
- Lugazi Progressive School and another versus Serunjogi and others 2001-2005 HCB pg 12
- Maria Nanteza & 3 Others v Nasani Rwamununa (Civil Appeal No. 2013)
- Sentongo Produce and Coffee Farmers Ltd & Anor v Rose Nakafuuma Muyiisa (Miscellaneous Cause No. 690 of 1999)
- Kampala District Land Board & George Mitala v Venasion Babwegana (Civil Appeal No. 02 of 2007)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.