Dr James Kashugyera Tumwine and Anor v Sr Willie Magara and Anor (HCT-00-CC-CS 576 of 2004)
Dr James Kashugyera Tumwine and Anor v Sr Willie Magara and Anor (HCT-00-CC-CS 576 of 2004) [2005] UGCommC 35 (27 June 2005)
The court held that the plaintiffs were not entitled to recover the purchase price from the defendants because the estate agent, Kasulu Property Masters, had no express or implied authority from the defendants to receive payment on their behalf. The sale agreement's acknowledgment of payment was conditional upon the defendants actually receiving the funds, which never occurred. The court found that the plaintiffs, having paid the agent without verifying the agent's authority or seeking confirmation from the defendants, bore the risk of the agent's default. The law of agency requires clear aut…
Source excerpt
- Agency Law
- Sale Of Land
- Money Had And Received
- Implied Authority
- Contractual Remedies