Wakilii

The Registered Trustees of Kabale Diocese v Mukasekura Donatilla (High Court Civil Suit No. 0025 of 2021)

High Court · [2025] UGHC 1405 · 2025 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of sale agreement and unlawful occupation, resolved by partial consent with court determination of damages
Decision
Judgment entered for the Plaintiff with monetary awards for mesne profits and general damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Special damages must be specifically pleaded and proved; items not particularised in the plaint cannot be awarded at trial. Mesne profits are assessed based on market rent for the period of unlawful occupation, taking into account property condition and location. General damages for breach of contract are assessed by reference to the contract value and economic inconvenience suffered. Court awarded UGX 18,000,000 mesne profits for 18 months unlawful occupation and UGX 15,000,000 general damages.

Outcome

Judgment entered for the Plaintiff with monetary awards for mesne profits and general damages

Facts

The Plaintiff purchased property from the Defendant under a sale agreement. The Defendant subsequently purported to terminate the sale by letter dated 6 October 2021 and lodged a caveat on the property while remaining in occupation. The Plaintiff had taken a loan to finance the purchase. The Defendant refused to vacate despite demands and remained in possession for approximately 18 months. When the Defendant eventually vacated in March 2023, the property was in poor condition with broken plumbing and toilets. The parties entered partial consent on liability issues, leaving only quantum of damages for court determination.

Issues

  1. Whether special damages claimed but not pleaded in the plaint can be awarded.
  2. What is the appropriate quantum of mesne profits for unlawful occupation of property following breach of sale agreement.
  3. What is the appropriate quantum of general damages for breach of a property sale agreement and wrongful retention of possession.

Orders

  • The Plaintiff is awarded mesne profits of UGX 18,000,000.
  • The Plaintiff is awarded general damages of UGX 15,000,000.
  • The Plaintiff is awarded costs of this suit.

Rules and key headnotes

Civil Procedure — Special Damages — Pleading Requirements — Items Not Particularised in Plaint
Special damages must be specifically pleaded in the plaint under Order 6 rule 7 of the Civil Procedure Rules. Items of special damages that are not particularised in the plaint cannot be awarded at trial, even if presented in submissions with supporting documentation. Such expenses may be recoverable through taxation of costs if costs are awarded.
Damages & Quantum — Special Damages — Formal Proof — Balance of Probabilities
Formal proof of special damages requires the plaintiff to specifically prove on a balance of probabilities that the loss incurred was a direct result of the defendant's conduct. Special damages relate to past pecuniary loss calculable at the date of trial and must be actually ascertainable in terms of monetary costs.
Damages & Quantum — Mesne Profits — Definition and Basis of Assessment
Mesne profits are those profits which persons in wrongful possession of property received or might with diligence have received from it, together with interest, but excluding profits due to improvements made by the wrongful possessor. Once a party proves better title against a party in prior possession, they are entitled to compensation. Mesne profits may be awarded on the basis of market rent even if the plaintiff would not have let the property if vacant.
Damages & Quantum — Mesne Profits — Assessment Factors — Property Condition and Location
In assessing mesne profits, the court considers the property's proximity to commercial centres, the condition of the property at the time of vacation, the period of unlawful occupation, and whether the plaintiff took reasonable steps to mitigate losses by taking possession when notified of vacation.
Contract Law — Breach of Contract — General Damages — Assessment Principles
In awarding general damages for breach of contract, the court is guided by the value of the contract at the time of its performance and the economic inconvenience suffered by the aggrieved party. The quantum is a matter of judicial discretion assessed by the opinion and judgment of a reasonable person where no precise measure exists.

Legislation cited (3)

Cases cited (5)

  • Haji Asuman Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 0007 of 1995)
  • Gapco (U) Ltd v A.S Transporters (U) Ltd (Court of Appeal Civil Appeal No. 18 of 2004)
  • Surgipharm Uganda Ltd v Anatoli Batabane (Supreme Court Civil Appeal No. 0011 of 2020)
  • Thalion International Ltd v Vivo Energy Uganda Ltd (Supreme Court Civil Appeal No. 0018 of 2022)
  • Kibimba Rice Limited v Umar Salim (Supreme Court Civil Appeal No. 0077 of 1992)

Full judgment

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

The Registered Trustees of Kabale Diocese v Mukasekura Donatilla (High Court Civil Suit No. 0025 of 2021) [2025] UGHC 1405 (28 November 2025)
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.