Wakilii

Ssemate v Ssesinde (Civil Suit No. 409 of 2014)

High Court · [2015] UGCOMMC 72 · 2015 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for general damages arising from breach of land sale agreement, unopposed after defendant's application for extension of time dismissed
Decision
Judgment entered for the plaintiff with general damages, interest, and costs awarded; land title to be returned by police to plaintiff

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court awarded general damages of UGX 9,000,000 to a land purchaser who had been registered as owner but was deprived of quiet possession and use when the vendor attempted to resell portions of the land to third parties, causing the purchaser inconvenience, costs, and loss of utility after the land title was retained by police for investigation. The damages claim of UGX 100,000,000 was reduced as excessive given the relatively short three-month period before registration and one-year period of title retention.

Outcome

Judgment entered for the plaintiff with general damages, interest, and costs awarded; land title to be returned by police to plaintiff

Facts

The plaintiff, a 37-year-old businessman, entered into a land sale agreement with the defendant on 26 September 2013 for the purchase of land comprised in Bulemezi County Block 385 Plot 43 (later Plot 76 after mutation) for UGX 180,000,000. The defendant, who sold the land as administrator of the estate of the late Fasito Kagodo, signed all transfer documents and the plaintiff was registered as owner on 14 January 2014. After purchase, the plaintiff discovered the defendant had attempted to resell portions of the land to third parties and had signed mutation forms affecting the land's shape. The plaintiff involved police, who investigated and charged the defendant with obtaining money by fraud. Police required the plaintiff to surrender the land title for investigation, which remained with police for over a year, preventing the plaintiff from utilizing the land or mortgaging it as intended. The defendant failed to file defence within time and his application for extension of time was dismissed on 30 September 2014. The matter proceeded unopposed, with the plaintiff abandoning all claims except general damages and costs.

Issues

  1. Whether the plaintiff was entitled to general damages for inconvenience and loss of use arising from the defendant's attempted resale of land already sold to the plaintiff.
  2. What quantum of general damages was appropriate in the circumstances.
  3. Whether the plaintiff was entitled to interest on damages and costs of the suit.

Orders

  • The Plaintiff is awarded general damages of Uganda Shillings Nine Million Only (UGX 9,000,000).
  • Interest at the commercial rate of 21% per annum from the date of filing this suit till payment in full.
  • The Plaintiff is awarded the costs of this suit.
  • The land title retained by the police shall be returned to the plaintiff forthwith and intact to enable him carry out his normal investment business with the suit land.

Rules and key headnotes

Damages & Quantum — General Damages — Compensatory Nature — Principles of Assessment
General damages are compensatory in nature and are awarded to enable an aggrieved party to revert to the position he or she was in before the wrong was committed. As a general rule, a plaintiff should not receive more or less than damages commensurate to the loss suffered.
Land & Property — Breach of Sale Agreement — Loss of Quiet Possession — Damages
Where a land vendor attempts to resell portions of land already sold and fully paid for to a purchaser who has been registered as owner, thereby depriving the purchaser of quiet possession and causing inconvenience, costs, and loss of utility, the purchaser is entitled to general damages as compensation for the breach and consequential losses.
Damages & Quantum — Assessment — Moderation of Excessive Claims
In assessing general damages, the court will moderate an excessive claim where the actual period of inconvenience and loss is relatively short and the prejudice suffered, while real, does not justify the quantum claimed. A claim of UGX 100,000,000 may be reduced to UGX 9,000,000 where registration occurred within three months and title retention by police lasted approximately one year.
Civil Procedure — Interest on Damages — Discretion of Court — Section 26(2) Civil Procedure Act
Under Section 26(2) of the Civil Procedure Act, the court has discretion to award interest on the principal sum claimed for any period prior to the institution of the suit, from the date of filing the suit, or from the date of decree until payment in full. Interest is awarded to ensure that monetary awards are not affected by inflation.

Legislation cited (1)

Cases cited (2)

  • William Alfred Kisembo Dan and Others v Kiiza Rwakaikara Ivan (High Court Civil Appeal No. 7 of 2013)
  • Hall Brothers SS Co. Ltd v Young [1939] 1 KB 754

Full judgment

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

Ssemate v Ssesinde (Civil Suit No. 409 of 2014) [2015] UGCommC 72 (14 April 2015)
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.