Wakilii

Wesigye and Another v Basudde (Civil Suit No. 790 of 2017)

High Court · [2022] UGHCLD 211 · 2022 Judgment for Plaintiffs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for specific performance of contract to transfer land titles
Decision
Judgment entered for plaintiffs with orders directing the Commissioner for Land Registration to effect transfers into plaintiffs' names and damages awarded against the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that where parties entered valid sale agreements for kibanja and mailo interests, paid in full, took possession, and the defendant signed transfer forms but failed to deliver duplicate certificates of title for over a decade, the defendant committed breach of contract. The court ordered the Commissioner for Land Registration to register plots 2394 and 2395 in the plaintiffs' names and awarded compensatory and general damages for breach.

Outcome

Judgment entered for plaintiffs with orders directing the Commissioner for Land Registration to effect transfers into plaintiffs' names and damages awarded against the defendant

Facts

The first plaintiff purchased a kibanja interest in 2005 for UGX 5,200,000 and in 2007 approached the defendant landlord to acquire registered interest, paying UGX 3,000,000. The second plaintiff purchased a kibanja in 2008 for UGX 5,000,000 and in 2009 purchased the mailo interest from the defendant for UGX 3,000,000. After the defendant surveyed the land in 2010, the plaintiffs' land fell on plots 2394 and 2395 respectively. The defendant signed transfer forms, mutation forms, and applications for consent, and the plaintiffs paid stamp duty and registration fees. Despite these payments and signed documents, the defendant failed to provide the duplicate certificates of title necessary to complete the transfers. The defendant did not file a defence and the matter proceeded ex parte.

Issues

  1. Whether the plaintiffs are entitled to certificates of title for their land.
  2. What are the available remedies to the parties.

Orders

  • The Commissioner, Land Registration shall register the land comprised in Block 767, plot 2394 Kabubu, Kiwale Kyadondo into the names of Wesigye Basingire Lilliane.
  • The Commissioner, Land Registration shall register the land comprised in Block 767, plot 2395, Kabubu, Kiwale Kyadondo into the names of Kusasira Edith.
  • The defendant shall pay a sum of UGX 20,000,000 to each plaintiff as compensatory award of damages for breach of contract.
  • The defendant shall pay a sum of UGX 5,000,000 to each plaintiff as general damages.
  • The awards in orders 3 and 4 shall attract interest of 15% from the date of delivering this judgment until payment is made in full to the plaintiffs.
  • The plaintiffs shall each be entitled to costs of the suit.

Rules and key headnotes

Contract Law — Formation of Valid Contracts — Oral and Written Agreements for Land Sale
A valid contract exists where parties with capacity enter an agreement with free consent for lawful consideration and lawful object with intention to be legally bound, and a contract may be oral or written or partly oral and partly written or may be implied from the conduct of the parties.
Contract Law — Performance of Contracts — Duty to Perform Respective Promises
Parties to a contract shall perform or offer to perform their respective promises unless performance is dispensed with or excused under the law, and failure to fulfill obligations under the contract amounts to breach of contract.
Contract Law — Breach of Contract — Failure to Complete Land Transfer
Where a vendor of land receives full payment, signs transfer and consent forms, and allows the purchasers to take possession but fails to deliver duplicate certificates of title necessary to effect registration, the vendor commits breach of contract entitling the purchasers to remedies including specific performance and damages.
Land & Property — Specific Performance — Court's Power to Direct Commissioner for Land Registration
Under the inherent powers of the High Court pursuant to section 33 of the Judicature Act, section 98 of the Civil Procedure Act, and section 177 of the Registration of Titles Act, the court may direct the Commissioner for Land Registration to effect transfers of land into the names of purchasers where the vendor has acknowledged the sale by signing transfer documents but failed to deliver certificates of title.
Contract Law — Remedies for Breach — Compensatory and General Damages
Where there is breach of contract, the party who suffers the breach is entitled to compensation for any loss or damage caused, including compensatory damages for specific economic loss and general damages for inconvenience and economic disruption caused by the other party's inaction over an extended period.

Legislation cited (9)

Cases cited (8)

  • Miller v Minister of Pensions (1947) 2 ALL ER 372
  • Greenboat Entertainment Ltd v City Council of Kampala (High Court Civil Suit No. 0580 of 2009)
  • Nakana Trading Co Ltd v Coffee Marketing Board (Civil Suit No. 737 of 1991)
  • Ronald Kasibante v Shell (U) Ltd (High Court Civil Suit No. 542 of 2006)
  • Robinson v Harman (1848) 1 Exch 850
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)
  • Strans v Hutchinson [1905] AC 575
  • Uganda Commercial Bank v Deo Kigozi (2002) 1 EA 305

Full judgment

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

Wesigye_and_Another_v_Basudde_(Civil_Suit_No._790_of_2017)_[2022]_UGHCLD_211_(27_October_2022)
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.