Nakaweesa v Makubuya (Civil Suit No. 1022 of 2022)
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.
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 court held that the defendant breached two sale agreements for land by failing to complete transfers despite receiving payment. The plaintiff was entitled to specific performance with a time limit, failing which she would receive a refund of the current value of the land. General damages of UGX 50,000,000 were awarded with interest at 15% per annum from judgment.
Outcome
Defendant found in breach of contract and ordered to perform within two weeks or refund current land value; general damages awarded to plaintiff
Facts
The defendant, registered owner of land comprised in Mailo Register Bulemezi Block 215 plot 135, agreed on 11 July 2012 to sell the plaintiff 2 acres for UGX 10,000,000. The plaintiff paid the full price but the defendant failed to complete the transfer, having deposited the certificate of title at Luwero Chief Magistrate's Court as security for a UGX 6,000,000 debt owed to Violet Naliyombya. On 24 September 2012, the parties made a second agreement under which the plaintiff would pay off the defendant's debt and retrieve the title, and the defendant would sell her another 2 acres from plot 93 for UGX 10,000,000. The plaintiff paid UGX 6,000,000 to Luwero Court and UGX 1,000,000 to the defendant directly, leaving UGX 3,000,000 outstanding. The defendant then informed the plaintiff that the certificate of title for plot 93 had been given to other claimants, undertook to demarcate the land from plot 135 instead, but refused to sign the transfer forms. The defendant did not appear to defend the suit despite personal service.
Issues
- Whether the defendant's conduct amounts to a breach of contract to merit the prayers sought.
Orders
- A declaration that the defendant is in breach of the sale agreement dated 24 September 2012 in respect of land comprised in Bulemezi Block 215 plot 93 land at Kizzanganda.
- An order of specific performance doth issue against the defendant directing him to fulfil the terms of the said agreement within two weeks after the date of delivery of this judgment, failing which the plaintiff will be entitled to a refund of the current value of the 2 acres of land comprised in Bulemezi Block 215, plot 93 land at Kizzanganda, payable within a period of only 60 days.
- The plaintiff is awarded a sum of UGX 50,000,000 as general damages with interest of 15% per annum from the date of judgment till payment in full.
Rules and key headnotes
Legislation cited (7)
Cases cited (8)
- George William Kakoma v Attorney General [2010] HCB 1
- Dr Vincent Karuhanga v NIC and URA [2008] ULR 666
- William Kasozi v DFCU Bank Ltd (Civil Suit No. 1326 of 2000)
- Ronald Kasibante v Shell Uganda Ltd (Civil Suit No. 542 of 2006)
- Uganda Petroleum Co Ltd v Kampala City Council (Civil Suit No. 250 of 2005)
- Assist (U) Ltd v Italian Asphault & Haulage & Another (Civil Suit No. 1291 of 1999)
- Bank of Uganda v Fred William Masable & 5 Others (Supreme Court Civil Appeal No. 3 of 1998)
- Esso Petroleum Co Ltd v Mardon [1976] 2 All ER
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.