Peter Muramira v Brian Kaggwa (Civil Suit No. 64 of 2008)

Observed later treatment

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.

Holding

The purchaser was entitled to recover the deposit where the vendor failed to obtain discharge of the mortgage encumbering the property and subsequently resold it to another purchaser. The vendor was ordered to refund the deposit with interest at 25% per annum from the date of the original agreement.

Outcome

Plaintiff awarded full refund of deposit with interest

Facts

On 1 August 2007, the defendant sold Plot 17B Jombe Road Luzira to the plaintiff for UGX 240 million. The plaintiff paid a deposit of UGX 50 million upon execution, with the balance of UGX 190 million due within four weeks. Evidence of telegraphic transfer from the United Kingdom confirmed payment of the deposit. The purchaser was ready, able and willing to complete by paying the balance, but the vendor's lawyers could not obtain discharge of a mortgage secured on the property. The sale did not proceed to completion. The discharge was eventually obtained, but only after the defendant had resold the property to Davantee Union Ltd on 3 December 2007. The plaintiff brought suit for recovery of the deposit.

Issues

1. Whether the plaintiff was entitled to reimbursement of the deposit paid under the sale agreement where the vendor failed to discharge the mortgage before reselling the property to another purchaser.

Orders

• Judgment given in favour of the plaintiff.
• Defendant to pay the plaintiff the sum of UGX 50,000,000 being the deposit paid.
• Defendant to pay interest on UGX 50,000,000 from 1 August 2007 at the rate of 25% per annum.
• Plaintiff awarded costs.

Rules and key headnotes

Cases citing this judgment (7)

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.

• Binuge Mugisa v Karubanga (HCT-01-CV-MA 67 of 2024)
• Lwanga v Mubiru and 3 Others [2024] UGSC 7
• Mubiru and 3 Others v Lwanga and Another (Civil Appeal No. 78 of 2016)
• Uganda Bankers Credit & Saving Society v Nansubuga & 2 Ors (Civil Application No. 247 of 2018)
• Brian Kaggwa v Peter Muramira (Civil Appeal No. 26 of 2009)
• Obululu & 2 ors v Ogaram (Civil Appeal No. 51 of 2013.)
• Muramira v Kaggwa (Civil Application No. 104 of 2009)

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