Wakilii

Mwesigye v Kiiza (Civil Suit No. 320 of 2015)

High Court · [2017] UGCOMMC 117 · 2017 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of land sale contract, interlocutory judgment entered upon defendant's failure to file defence, proceeding to formal proof
Decision
Judgment entered for plaintiff with damages, interest, 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

Defendant breached a land sale contract by failing to deliver vacant possession after receiving part payment of UGX 61,500,000. Plaintiff entitled to full refund as special damages, general damages of UGX 30,000,000, and interest. Failure to file defence deemed admission of liability. Contract Act s.61(1) entitles injured party to compensation for loss caused by breach.

Outcome

Judgment entered for plaintiff with damages, interest, and costs

Facts

On 21 February 2013, plaintiff and defendant entered into a land sale agreement for property in Busiro Block 493 Plots 67, 69, 158 and 163 at Katwe and Mbuya for UGX 260,000,000. Plaintiff paid UGX 50,000,000 initially and later UGX 11,500,000. Defendant undertook to transfer title and deliver vacant possession after the first installment. Defendant failed to deliver vacant possession, which was resisted by occupants. Plaintiff terminated the contract and demanded refund. Defendant failed to refund the money or evict the occupants. Plaintiff filed suit for breach of contract. Defendant failed to file a defence and interlocutory judgment was entered. Matter proceeded to formal proof.

Issues

  1. Whether the defendant was in breach of the contract of sale dated 21 February 2013.
  2. Whether the plaintiff is entitled to refund of the moneys paid.
  3. Whether the plaintiff is entitled to general damages.

Orders

  • Plaintiff granted UGX 61,500,000 as special damages.
  • Plaintiff granted UGX 30,000,000 as general damages.
  • Interest on special damages at 21% per annum from date of filing suit until payment in full.
  • Interest on general damages at 6% per annum from date of judgment until payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Contract Law — Breach of Contract — Failure to Deliver Possession
Breach of contract occurs where one or both parties fail to fulfill the obligations imposed by the terms of the contract, including failure to deliver vacant possession of land as agreed.
Civil Procedure — Interlocutory Judgment — Deemed Admission
A party who does not enter appearance and file a written statement of defence is deemed to have admitted the allegations in the plaint, and where interlocutory judgment has been entered, the question of liability is no longer in issue, only the assessment of quantum remains.
Contract Law — Remedies — Refund of Purchase Price
Under the Contracts Act s.61(1), where there is breach of contract, the party who suffers the breach is entitled to receive compensation for any loss or damage caused, including refund of part payment where the vendor fails to deliver vacant possession.
Damages & Quantum — General Damages — Assessment Principles
General damages for breach of contract are assessed on the principle of restitutio in integrum, to place the injured party in the same position as if the contract had been performed. Only damages arising naturally and directly from the breach are recoverable.
Damages & Quantum — Interest — Judicial Discretion
Under Civil Procedure Act s.26(2), the court has discretion to award interest where no rate is agreed. In commercial transactions where the defendant has held the plaintiff's money for a substantial period, a higher interest rate may be justified on special damages.

Legislation cited (3)

Cases cited (12)

  • Nakana Trading Co. Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)
  • Smith vs. Auto Electric Services Ltd (1951) 24 KLR 22 K
  • Haji Asuman Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
  • Uganda Telecom Ltd v Tanzanite Corporation (Court of Appeal No. 17 of 2004)
  • Roko Construction Co. v Attorney General (High Court Civil Suit No. 517 of 2008)
  • Bank of Uganda v Fred Masaba & 5 Others (Supreme Court Civil Appeal No. 3 of 1998)
  • ESSO Petroleum Co. Ltd vs. Mardan [1976] 2 ALLER
  • Simon Mbalire v Moses Mukiibi (High Court Civil Suit No. 85 of 1995)
  • Musisi Edward vs. Babihuga Hilda [2007] HCB 84
  • Robinson vs. Harman [1848] Exch 850
  • Crescent Transportation Co. Ltd v Bin Technical Services Ltd (Court of Appeal No. 25 of 2000)
  • James Mbabazi & Another v Matco Stores Ltd & Another (Court of Appeal Civil Reference No. 15 of 2004)

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.

Mwesigye v Kiiza (Civil Suit No. 320 of 2015) [2017] UGCommC 117 (11 October 2017)
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.