Wakilii

Mukiise v Akright Projects Ltd and Another (Civil Suit No. 703 of 2017)

High Court · [2023] UGHCLD 16 · 2023 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 and recovery of purchase price
Decision
Judgment entered for the Plaintiff with recovery of purchase price, general damages, and interest

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

The High Court held that the 1st Defendant breached a sale agreement for land by failing to surrender the certificate of title and transfer instruments to the Plaintiff despite receiving full payment of the purchase price. The court ordered recovery of the purchase price of UGX 36,000,000, awarded general damages of UGX 20,000,000 for inconvenience, and granted interest at 15% per annum from judgment until payment in full.

Outcome

Judgment entered for the Plaintiff with recovery of purchase price, general damages, and interest

Facts

On 10 April 2012, the Plaintiff purchased land comprised in Block 405 Plot 1 out of 127 at Musale, Sekiwunga Kakungulu Estate from the 1st Defendant for UGX 36,000,000 plus legal fees of UGX 70,000. The sale agreement required the vendor to surrender executed transfer instruments and the duplicate certificate of title to enable the Plaintiff to register the land in his name. The 1st Defendant failed to deliver the certificate of title despite receiving full payment. From October 2016, the Plaintiff's lawyers contacted the 2nd Defendant repeatedly, who made promises to deliver the certificate but never did. In April 2018, the 2nd Defendant's representative proposed an alternative plot in Nagalama, which was smaller than the original land and was also never delivered. The Defendants filed a defence but were absent at the hearing, which proceeded ex parte.

Issues

  1. Whether the 1st Defendant is in breach of the sale agreement dated 10th April 2012?
  2. What remedies are available?

Orders

  • The 1st Defendant is in breach of the sale agreement dated 10th April 2012.
  • Recovery of UGX 36,000,000 as money had and received for no consideration out of an agreement for sale of land comprised in Block 405 Plot 1 out of 127 situated at Musale, Ggombolola, Sekiwunga Kakungulu Estate measuring approximately 0.505 acres.
  • General damages of UGX 20,000,000.
  • Interest of 15% on the recovery amount and general damages from the date of judgment until payment in full.

Rules and key headnotes

Contract Law — Breach of Contract — Definition and Elements
A breach of contract is the breaking of the obligation which a contract imposes, which confers a right of action in damages to the injured party and entitles him to treat the contract as discharged if the other party renounces the contract or makes performance impossible or substantially fails to perform his promise.
Contract Law — Performance of Contracts — Obligation of Parties
Under section 33 of the Contracts Act 2010, parties to a contract shall perform or offer to perform their respective promises unless the performance is dispensed with or excused under the Act or any other law.
Contract Law — Remedies for Breach — Compensation for Loss or Damage
Under section 61 of the Contracts Act 2010, where there is a breach of contract, the party who suffers the breach is entitled to receive from the party who breaches the contract compensation for any loss or damage caused.
Land & Property — Sale of Land — Vendor's Obligation to Deliver Title Documents
Where a vendor receives full payment of the purchase price under a sale agreement for land, the vendor is obligated to surrender the certificate of title and executed transfer instruments to enable the purchaser to register the land in his name, and failure to do so constitutes a breach of contract entitling the purchaser to recovery of the purchase price and damages.

Legislation cited (3)

Cases cited (2)

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.

Mukiise_v_Akright_Projects_Ltd_and_Another_(Civil_Suit_No._703_of_2017)_[2023]_UGHCLD_16_(31_January_2023)
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.