Mbooli v Nabawanuka and Another
Mbooli v Nabawanuka and Another (Civil Suit 1753 of 2000) [2023] UGHCLD 126 (9 May 2023)
The court found that the contract for sale of the suit property between the counter claimant and the 1st counter defendant was valid and had been varied by oral agreement, allowing the counter claimant to pay the balance later and take possession before full payment. By paying a substantial portion of the purchase price and taking possession, the counter claimant acquired equitable title, rendering the 1st counter defendant a trustee and unable to lawfully transfer valid title to the 2nd counter defendant. The subsequent sale and transfer to the 2nd counter defendant amounted to fraud, as the…
Source excerpt
- Sale Of Land
- Contract Variation
- Fraud In Land Transactions
- Specific Performance
- Damages For Eviction