Gusko v Tugume and Another
Gusko v Tugume and Another (Civil Suit 469 of 2016) [2023] UGHCLD 230 (4 August 2023)
The court found that although the sale agreement contained an error regarding the actual measurements of the land sold, the parties' conduct, correspondences, and subsequent surveys evidenced a clear intention to transact in 57.7 decimals (0.577 acres), not the 27.7 decimals claimed by the defendants. The plaintiff paid the full consideration, redeemed the mortgage, and took possession of the property. The defendants, who were legally represented and actively involved in the survey and subdivision process, failed to challenge the measurements or the process until after the transaction was com…
Source excerpt
- Specific Performance
- Breach Of Contract
- Caveats And Encumbrances
- Fraud And Misrepresentation
- Remedies And Damages
- Land Survey And Boundaries