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Nipun Bhatia & Another v Boutique Shazim Limited (Civil Appeal No. 179 of 2015) [2020] UGCA 2026 (3 March 2020)
The Court of Appeal held the land sale contract had lapsed for late payment, reversed specific performance, and awarded mesne profits to the vendors.
Shazim boutique ltd v Norattam Bhatta (High Court Civil Suit No. 411 of 1998) [2015] UGHCCD 18 (11 February 2015)
The court found that, although clause 2(b) of the sale agreement expressly made time of the essence for payment of the balance, the defendants' conduct—accepting postdated cheques for the initial deposit and entering into the sale after the option period had lapsed—demonstrated a relaxation of strict time requirements. The agreement did not specify the mode or place of payment for the balance, and the plaintiff made genuine efforts to pay by seeking the defendants' bank account details, which were not provided. The court held that the plaintiff's failure to pay the balance was attributable to…
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