Wakilii

Nalwanga v Jomayi Property Consultants Limited & Another (Civil Suit 63 of 2019)

High Court · [2024] UGHC 1186 · 2024 Judgment for Plaintiff — Specific Performance Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for specific performance of land sale agreement
Decision
Judgment entered in favour of the plaintiff with specific performance ordered within 30 days and damages awarded in lieu at 20% interest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court held that where a purchaser paid the full purchase price for land and took possession under a sale agreement awaiting execution by the vendor, but the vendor failed to deliver certificates of title or execute the agreement, the purchaser was entitled to an order for specific performance under Contract Act s.64. The court awarded UGX 15,000,000 damages in lieu of specific performance with 20% interest per annum, rejecting the higher claim as excessive given the purchaser's undisturbed possession since the date of purchase.

Outcome

Judgment entered in favour of the plaintiff with specific performance ordered within 30 days and damages awarded in lieu at 20% interest

Facts

In August 2015, the plaintiff purchased land described as Plots 1180 and 1181, Mawokota Block 31 at Bujuuko, measuring approximately 13.0 and 13.1 decimals respectively, from the first defendant at UGX 20,000,000. The plaintiff paid the full purchase price in two instalments on 20 and 25 August 2015. A sale agreement was prepared by the first defendant's official agents, which the plaintiff signed, but the second defendant as CEO of the first defendant refused to sign. The plaintiff took possession of the land and used it continuously. Despite the plaintiff's full performance, the defendants failed to deliver the certificates of title or execute the sale agreement. The defendants were served but did not attend court, and the matter proceeded exparte. The court conducted a locus in quo visit on 6 September 2024 and met the plaintiff's caretaker, who confirmed the plaintiff's quiet possession of the land.

Issues

  1. Whether the plaintiff is entitled to an order for specific performance for delivery of certificates of title of land comprised in Mawokota Block 31 Plots 1180 and 1181 against the defendants.
  2. What remedies are available to the parties?

Orders

  • An order for specific performance of delivery of the certificates of title and physical possession of land comprised in Mawokota Block 31 Plots 1180 and 1181 at Bujuuko measuring approximately 13.0 and 13.1 decimals respectively together with a duly signed sale agreement within 30 days from delivery of this judgment is hereby issued.
  • Damages of UGX 15,000,000 at an interest rate of 20% per annum from the date of delivery of this judgment till payment in full.
  • Costs of the suit.

Rules and key headnotes

Contract Law — Specific Performance — Entitlement — Vendor's Failure to Deliver Title Documents
Where a purchaser has paid the full purchase price and taken possession of land under a sale agreement, but the vendor fails to deliver certificates of title and execute the agreement, the purchaser is entitled to an order for specific performance under Contract Act s.64 requiring the vendor to deliver the title documents and execute the agreement.
Contract Law — Breach of Contract — Obligation to Perform
Under Contract Act s.33, parties are bound to perform or offer to perform their respective promises unless the performance is dispensed with or excused under the Act. Breach of contract occurs where there is failure to fulfil obligations imposed by the terms of the agreement.
Damages & Quantum — Assessment — Damages in Lieu of Specific Performance — Commercial Transactions
In assessing damages in lieu of specific performance for breach of a land sale agreement, the court will consider the purchase price, the purchaser's possession and use of the land, and comparable awards in similar cases. Where the purchaser has enjoyed undisturbed possession since purchase, an award significantly below the purchase price may be appropriate as damages in lieu of specific performance.
Evidence — Burden of Proof — Civil Cases — Balance of Probabilities
Under Evidence Act ss.101, 102 and 103, in civil cases the burden of proof lies on the party who alleges to prove his or her case on the balance of probabilities. The party who desires any court to give judgment as to any legal right dependent on the existence of facts which he or she asserts must prove that those facts exist.
Damages & Quantum — Interest — Commercial Transactions — Rate and Commencement
Under Civil Procedure Act s.26(2), where a transaction is commercial in nature, interest on damages may be awarded at 20% per annum from the date of judgment until payment in full, reflecting the commercial character of the transaction.

Legislation cited (8)

Cases cited (8)

  • Memer Engineering Supplies Uganda Limited v Divine Light Finance Limited (Civil Suit No. 762 of 2019)
  • Uganda Petroleum Co Ltd v Kampala City Council (Civil Suit No. 250 of 2005)
  • United Building Services Ltd v Yofesi t/a Quickset Builders & Co Ltd (HCCS No. 154 of 2005)
  • Francis Butagira v Deborah Namukasa [1992-1993] HCB 98
  • Hoskins v. Black, 190 Ky. 98, 226 S.W 384, 385
  • Storms v Hutchison (1905) AC 515
  • Haji Asuman Mutekanga v Equator Growers (U) Ltd (SCCA No. 7 of 1995)
  • Mutange Cainan v Afromix Construction Ltd & Another (Civil Suit No. 118 of 2020)

Full judgment

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

Nalwanga v Jomayi Property Consultants Limited & Another (Civil Suit 63 of 2019) [2024] UGHC 1186 (1 October 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.