Wakabi v Centenary Rural Development Bank Limited
Wakabi v Centenary Rural Development Bank Limited (Civil Suit 653 of 2019) [2024] UGCommC 250 (9 May 2024)
The contract for sale of land between the Plaintiff and Defendant was void ab initio due to a fundamental mistake of fact regarding the status of the land, which was gazetted as a forest reserve and not available for sale. Both parties acted under the mistaken belief that the land belonged to Matovu Timothy and was available for transfer. The Defendant conducted reasonable due diligence, including searches and surveys, which did not reveal the gazetting. The Plaintiff failed to carry out his own due diligence prior to purchase and did not request or inspect the certificate of title until afte…
Source excerpt
- Contract Void Ab Initio
- Mistake Of Fact
- Due Diligence In Land Transactions
- Special Damages Proof
- Refund Of Purchase Price