Wakilii

Namubiru Joweriya v Tadeo Mukonyezi (Civil Suit No. 250 of 2019)

High Court · [2024] UGCOMMC 430 · 2024 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 — sale agreement for land. Defendant failed to file witness statement; hearing proceeded exparte.
Decision
Judgment entered for plaintiff with recovery of UGX 260,000,000, general damages of UGX 45,000,000, interest on both sums, and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the defendant breached a valid land sale agreement by failing to pay the outstanding balance of UGX 260,000,000. The court awarded the plaintiff recovery of the principal sum, general damages of UGX 45,000,000, and interest at 18% per annum from the date of filing suit until payment in full.

Outcome

Judgment entered for plaintiff with recovery of UGX 260,000,000, general damages of UGX 45,000,000, interest on both sums, and costs

Facts

By a sale agreement dated 10 February 2016, the plaintiff sold land comprised in Kyaggwe Block 299 Plot 7 at Namaziba, measuring approximately 2.428 hectares, to the defendant for UGX 300,000,000. The defendant paid UGX 40,000,000 as initial deposit and issued four post-dated cheques totalling UGX 260,000,000 to cover the balance, payable in quarterly instalments of UGX 65,000,000 each. The agreement provided that the cheques would act as security and that default would attract 15% monthly interest. The plaintiff gave the defendant possession of the land, handed over the certificate of title, and signed transfer forms. The defendant failed to honour the post-dated cheques and did not pay the outstanding balance despite numerous demands. The defendant failed to file a witness statement during scheduling proceedings, and the hearing proceeded exparte.

Issues

  1. Whether there was a breach of the Sale Agreement dated 10th February 2016, executed between the Plaintiff and Defendant, and if so, by whom?
  2. What remedies are available to the parties?

Orders

  • An order to recover the sum of UGX 260,000,000 (Uganda Shillings Two Hundred Sixty Million only).
  • General damages for UGX 45,000,000 (Uganda Shillings Forty-Five Million only).
  • Interest on the principal sum at the rate of 18% per annum from the date of filing this suit until payment in full.
  • Interest on general damages at Court rate from the date of judgment until payment in full.
  • Costs of the suit to the plaintiff.

Rules and key headnotes

Contract Law — Essential Elements — Valid and Enforceable Contract
For a contract to be valid and legally enforceable, the following essential elements must exist: capacity to contract, intention to contract, consensus ad idem, valuable consideration, legality of purpose, and sufficient certainty of terms.
Evidence — Burden of Proof — Party Alleging Fact Must Prove
Whoever alleges a given fact and desires the court to give judgment on any legal right or liability dependent on the existence of that fact has the burden to prove that fact, unless it is provided by law that the proof of that fact shall lie on another person.
Contract Law — Breach of Contract — Parties Bound by Terms in Absence of Vitiating Factors
Parties are bound by the terms of the contract they execute in the absence of fraud, duress, undue influence, mistake, and misrepresentation. A breach occurs where that which is complained of is a breach of duty arising out of the obligation undertaken under the contract.
Damages & Quantum — General Damages — Assessment and Discretion
General damages are the direct natural or probable consequence of the wrongful act complained of and include damages for pain, suffering, inconvenience, and anticipated future loss. An award of general damages is at the discretion of the court, which should be exercised judiciously. The object of an award of damages is to give the plaintiff compensation for the damage, loss, or injury suffered.
Civil Procedure — Costs — Costs Follow the Event
Costs of and incident to all suits are in the discretion of the court. Costs follow the event unless for justified reasons the court otherwise orders. A successful party can only be denied costs if it is proved that, but for their conduct, the action would not have been brought.

Legislation cited (8)

Cases cited (11)

  • Green Boat Entertainment Ltd v City Council of Kampala (HCCS No. 580 of 2003)
  • Karegyeya Geoffrey v Mugabi Innocent T/A Ssemanda & Sons Est (Civil Suit No. 753 of 2019)
  • Jovelyn Barugahare v Attorney General (SCCA No. 28 of 1993)
  • Behange Vs School Outfitters(U) Ltd [2000]1 E. A 20 at 21
  • Barclays Bank of Uganda Ltd v Howard Bakojja (HCCS No. 53 of 2011)
  • Nakawa Trading Co. Ltd v Coffee Marketing Board (HCCS No. 137 of 1991)
  • Storms Vs Hutchinson [1905] A.C 515
  • Robert Cuossens v Attorney General (SCCA No. 8 of 1999)
  • Crown Beverages Ltd v Sendu Edwards (SCCA No. 1 of 2005)
  • Crescent Transportation Co. Ltd v B. M Technical Services Ltd (CACA No. 25 of 2000)
  • Uganda Development Bank Vs Muganga Construction Co. Ltd (1981) H.C.B 35

Full judgment

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

Namubiru Joweriya v Tadeo Mukonyezi (Civil Suit No. 250 of 2019) [2024] UGCommC 430 (11 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.