Wakilii

Mpanso v Sekimpi (Civil Suit 11 of 2021)

High Court · [2024] UGHC 1173 · 2024 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract
Decision
Plaintiff awarded general damages, interest on principal sum already paid, and costs

Observed later treatment

Cited — treatment unverified cited in 1 (treatment unverified) Sequitur — Uganda’s citator · Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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.

No adverse treatment recorded Cited 1 time with no adverse treatment recorded; not yet tested on the merits. Derived from citing cases in the Wakilii corpus — a deterministic signal, not legal advice.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that where a defendant voluntarily pays the principal sum claimed before judgment, the court retains jurisdiction to assess and award general damages for breach of contract. The plaintiff was awarded UGX 20,000,000 in general damages for loss of use and enjoyment of land purchased but never delivered, plus interest at 20% per annum on the principal sum from suit filing until payment, and costs at 6% per annum.

Outcome

Plaintiff awarded general damages, interest on principal sum already paid, and costs

Facts

In 2017, the plaintiff contracted to purchase 15 acres of land comprised in Block 171 Plot 7 in Mpigi Mawokota at Ggogwe Nseke from the defendant. The defendant undertook in 2019 to provide vacant possession and a certificate of title but failed to do so. The plaintiff intended to build a retirement home and carry out fish farming on the land. During locus in quo, the court found another person utilizing the suit land with a house erected thereon. Prior to judgment, the defendant was convicted in Criminal Case No. 1033 of 2020 at Buganda Road Court for obtaining money by false pretence and paid UGX 123,000,000 to the plaintiff. The plaintiff then sought a determination of general damages and costs.

Issues

  1. What remedies are available to the parties following the defendant's payment of UGX 123,000,000?

Orders

  • An award of UGX 20,000,000 as general damages.
  • An award of 20% commercial interest rate per annum on the sum of UGX 123,000,000 from the date of filing this suit till the date it was paid in full and acknowledged by the plaintiff.
  • Costs to be paid by the respondent at an interest rate 6% per annum from the date of delivery of this judgment till payment in full.

Rules and key headnotes

Contract Law — Breach of Contract — Voluntary Payment Before Judgment — Court's Continuing Jurisdiction
Where a defendant voluntarily pays the principal sum claimed in a breach of contract action before judgment is delivered, the court retains jurisdiction to assess and award general damages, interest, and costs arising from the breach.
Damages & Quantum — General Damages — Assessment in Breach of Contract — Compensatory Principle
The purpose of general damages in breach of contract is to restore the aggrieved party to the position they would have been in had the breach not occurred. Damages are compensatory in character, neither to punish the defendant nor confer a windfall on the plaintiff.
Damages & Quantum — General Damages — Loss of Use and Enjoyment — Land Purchase
Where a purchaser of land is denied vacant possession and another person occupies the land, the purchaser is entitled to general damages for loss of use and enjoyment, including lost income-generating opportunities and inability to construct intended improvements.
Civil Procedure — Costs — Discretion of Court — Costs Follow the Event
Under Section 27(2) of the Civil Procedure Act, costs ordinarily follow the event. A successful litigant is entitled to recover costs incurred in pursuit of the suit unless there exists good reason to deny recovery. Where a plaintiff brings suit due to the defendant's breach, there is no justification to deny costs.
Damages & Quantum — Interest on Principal Sum — Rate Determination — Inflation and Currency Depreciation
In determining a reasonable rate of interest on a principal sum adjudged, courts take into account rising inflation and currency depreciation. The rate awarded should not neglect the prevailing economic value of money while insulating the plaintiff against further economic vagaries. A commercial interest rate of 20% per annum may be appropriate in breach of contract cases.

Legislation cited (4)

Cases cited (14)

  • Stroms v Hutchinson [1905] AC 51
  • Hadley v Baxendale [1854] EWHC 70
  • Gullabhai Ushillingi v Kampala Pharmaceuticals Ltd (SCCA No. 6 of 1999)
  • Impressa Federici v Irene Nabwire (SCCA No. 3 of 2000)
  • Premchandra Shenoi & Another v Maximov Oleg Petrovich (SCCA No. 9 of 2003)
  • Hadley v Baxendale (1854) 9 Exch 341
  • Charles Acire v M Engola (HCCS No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (SCCA No. 17 of 1992)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305
  • Bank of Uganda v Fred William Masaba & 5 Others (SCCA No. 3 of 1998)
  • Esso Petroleum Co Ltd v Mardon [1976] EWCA Civ 4
  • Lydia Mugambe v Kayita James & Another (HCCS No. 339 of 2020)
  • Kamyuka Bruhan v Hon Florence Namayanja (HCCS No. 414 of 2012)
  • Kinyera v Management Committee of Laroo Building Primary School (HCCS No. 099 of 2013)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

Full judgment

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

Mpanso v Sekimpi (Civil Suit 11 of 2021) [2024] UGHC 1173 (9 September 2024)
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.