Wakilii

Nakamya v Nassazi (Civil Appeal No. 51 of 2016)

High Court · [2018] UGHCLD 7 · 2018 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from judgment of Chief Magistrate's Court in land suit concerning ownership and possession of kibanja
Decision
Appeal partly allowed. Appellant entitled to receive 100ft by 100ft plot upon payment of outstanding balance. Trial court order for refund set aside.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Where a purchaser makes part payment for immoveable property under an oral agreement, the purchaser acquires an equitable interest in the land even in the absence of a written agreement. Upon payment of the remaining balance, the vendor must demarcate and transfer the agreed portion. The High Court modified the trial court's order requiring refund, instead holding that the appellant acquired equitable interest through part payment of UGX 1,500,000 and was entitled to receive the 100ft by 100ft plot upon paying the balance of UGX 500,000.

Outcome

Appeal partly allowed. Appellant entitled to receive 100ft by 100ft plot upon payment of outstanding balance. Trial court order for refund set aside.

Facts

In 2010, the respondent orally agreed to sell part of her kibanja to the appellant's late husband at UGX 2,000,000. The husband paid UGX 1,500,000, leaving a balance of UGX 500,000. No written agreement was concluded. The husband died before full payment. The respondent attempted to return the money, which was rejected. The respondent then sued for a declaration of ownership, eviction, and other remedies. Disputes arose regarding the size of land sold: respondent claimed 100ft by 100ft; appellant claimed approximately 4 acres. The appellant claimed a written agreement existed but was lost. The trial magistrate found for the respondent, declaring the appellant a trespasser and ordering refund of UGX 1,500,000.

Issues

  1. Whether the trial Magistrate properly interpreted and applied the law regarding refund of purchase price versus completion of sale
  2. Whether the trial Magistrate properly evaluated evidence to determine rightful ownership and equitable interest in the suit kibanja
  3. Whether the appellant acquired equitable interest in the land through part payment

Orders

  • Appellant Nakamya Florence to complete payment of balance of UGX 500,000 to Respondent Nassazi Esther.
  • Respondent Nassazi Esther to demarcate the plot of 100ft by 100ft to Nakamya Florence, wife of late Mayiga.
  • The balance of any land left after demarcating off 100ft by 100ft is for the Respondent Nassazi Esther.
  • Each party to meet their own costs.

Rules and key headnotes

Equitable Interest — Part Payment for Land — Rights of Purchaser
Upon payment of a deposit or part of the purchase price for immoveable property, the property passes to the purchaser who acquires equitable interest, and the vendor becomes a trustee in title, even where no written agreement has been executed.
Part Performance — Completion of Sale — Vendor's Duty
Where a purchaser has paid substantial part of the purchase price and acquired equitable interest, it would amount to miscarriage of justice to order refund; instead, the purchaser is entitled to complete the transaction by paying the balance and receiving transfer of the agreed land.
Burden of Proof — Existence of Written Agreement
Where a party alleges the existence of a written agreement and disputes arise as to its contents or the extent of the transaction, that party bears the burden of producing the agreement or satisfactory explanation for its absence.
Contradictory Evidence — Weight of Testimony
Where a witness contradicts himself as to material facts, such as who authored an alleged agreement, the court is entitled to reject such evidence and prefer the opposing party's version of events.

Legislation cited (3)

Cases cited (3)

  • Banco Arabe Espanel v Bank of Uganda (Supreme Court Civil Appeal No. 8 of 1998)
  • Semakula and Another v Sentiba (Civil Appeal No. 5 of 2013)
  • Ismael Jaffer Allibhai and Others v Nandalar Harvijan Karia and Another (Supreme Court Civil Appeal No. 53 of 1995)

Full judgment

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

Nakamya_v_Nassazi_(Civil_Appeal_No._51_of_2016)_[2018]_UGHCLD_7_(2_February_2018)
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.