Mariana Agencies Ltd v Bwogi and Anor (H.C.Miscellaneous Application No. 290 of 2021)

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 court granted the application for specific performance of a consent settlement. Where parties entered a consent settlement requiring transfer of land title, and the applicant paid the full purchase price but the respondents failed to deposit the title deed as agreed, the court ordered the respondents to produce the encumbrance-free certificate of title and execute all necessary transfer documents within one month.

Outcome

Application granted with orders for specific performance of consent settlement within one month

Facts

The parties entered into a consent settlement on 11 June 2018 arising from Civil Suit No. 268 of 2018. Under the settlement, the respondents agreed to transfer property comprised in Kyadondo Freehold Register Volume 625 Folio 1 Plot 31 William Street, Kampala to the applicant. The applicant paid the full purchase price as agreed. However, the respondents breached the consent settlement by failing to deposit the title deed in court and refusing to hand over the certificate of title and execute the necessary transfer documents. The applicant brought this application seeking orders to compel the respondents to produce the title and complete the transfer. The respondents were served but did not file any response or appear in court.

Issues

1. Whether the respondents should be compelled to produce and hand over the certificate of title and transfer documents in fulfillment of the consent settlement.

Orders

• The respondents immediately produce in court an encumbrance free duplicate certificate of title for land and property comprised in Kyadondo Freehold Register Volume 625 Folio 1 Plot 31 William Street, Kampala OR immediately hand over to the applicant the said title deed plus a duly signed transfer form together with all other documents required to effect a transfer of the said property into the name of the applicant.
• All the above should be done within a period of one month from the date hereof.
• The respondents pay the costs of this application.

Rules and key headnotes

Legislation cited (4)

• The Constitution of the Republic of Uganda
• The Judicature Act
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 rules 1 & 3

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