Uganda Case Law

Tibasaga & Another v Nyaika

Tibasaga & Another v Nyaika (Civil Appeal 1 of 2018) [2024] UGHC 372 (24 January 2024)

Court

High Court of Uganda

Case number

Civil Appeal 1 of 2018

Judge

Mugabo, J

The appellate court found that the respondent failed to pay the full purchase price for the suit land, and evidence showed that a meeting was held where the parties agreed the 1st appellant could sell the land to another buyer and refund the respondent's deposit with interest. The sale agreement did not specify payment timelines, so the final payment became due when demanded. The respondent's inability to pay the balance constituted repudiation, entitling the 1st appellant to rescind the contract. The rescission was effectively communicated, and the refund was attempted. The trial magistrate…

Source excerpt

• Sale Of Land
• Breach Of Contract
• Rescission Of Contract
• Refund Of Deposit

Tugume v Sebuwufu

Tugume v Sebuwufu (Civil Suit 573 of 2013) [2023] UGHCLD 124 (11 May 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 573 of 2013

Judge

Byaruhanga Rugyema, J

The court found that the sale agreement for the suit property was void ab initio due to lack of spousal consent, as required by Section 39 of the Land Act, and was tainted by forgery of the Plaintiff's signature. The evidence established that the property was family land, forming the matrimonial home, and that the Plaintiff neither witnessed nor signed the sale agreement or caveat withdrawal. The Defendant's witnesses provided inconsistent and contradictory testimony regarding the execution of the agreement and payment of consideration. The Plaintiff was illiterate in English and incapable of…

Source excerpt

• Sale Of Land
• Spousal Consent
• Forgery Of Documents
• Rescission Of Contract
• Family Land
• Remedies For Illegal Contract

Ntambara v Segawole

Ntambara v Segawole (Miscellaneous Application No. 1082 of 2019) [2020] UGCommC 9 (20 March 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1082 of 2019

Judge

Adonyo, J

The High Court dismissed an application to set aside an ex parte judgment, finding the applicant had not shown sufficient cause and had been aware of the hearing dates.

• Ex Parte Judgment
• Setting Aside Judgment
• Service Of Process
• Breach Of Contract
• Rescission Of Contract
• Ex-parte-judgment

Nkemba v Kabahenda (HCT-01-LD-CA-0024 OF 2017)

Nkemba v Kabahenda (HCT-01-LD-CA-0024 OF 2017) [2017] UGHCLD 240 (31 October 2017)

Court

HC: Land Division (Uganda)

Case number

HCT-01-LD-CA-0024 OF 2017

Judge

Ojok, J

The court found that the appellant failed to complete payment of the contractual price for the suit land within a reasonable time, constituting a breach of contract. The vendor, Nsekanabo Stephen, was therefore entitled to rescind the contract and resell the land to the respondent. The court accepted the respondent's argument that the appellant's use of coercive means to obtain the vendor's signature on the final agreement undermined her claim to equitable or legal title. The court held that the vendor lawfully rescinded the contract, refunded the appellant's deposit, and passed good title to…

Source excerpt

• Sale Of Land
• Breach Of Contract
• Rescission Of Contract
• Equitable Interest
• Specific Performance

Francis Paul v Namwandu Muteranwa

Francis Paul v Namwandu Muteranwa (Civil Appeal No. 20 of 2014) [2017] UGHCLD 245 (14 October 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 20 of 2014

Judge

Zeija, J

The appellate court found that the trial Magistrate failed to properly evaluate the evidence and wrongly concluded that the sale of the Kibanja was procured by misrepresentation. The evidence showed that the land was openly on sale, the vendor was aware of its status, and there was no inducement or fraudulent misrepresentation by the appellant. The purported rescission was invalid as it was not communicated to the appellant and the contract price was not refunded. The LC1 meeting lacked legal mandate and did not affect the validity of the sale. The respondent's occupation of the land did not…

Source excerpt

• Kibanja Sale Dispute
• Misrepresentation In Contract
• Rescission Of Contract
• Vacant Possession
• Evaluation Of Evidence

Tri-Some Technical Services Ltd v Olanzicon Services Limited

Tri-Some Technical Services Ltd v Olanzicon Services Limited (Miscellaneous Application No. 333 of 2017) [2017] UGCommC 67 (8 June 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 333 of 2017

The High Court granted leave to amend a defence and counterclaim to add further particulars of alleged fraudulent misrepresentation, finding no prejudice to the respondent.

• Amendment Of Pleadings
• Fraudulent Misrepresentation
• Counterclaim Particulars
• Rescission Of Contract
• Amendment-of-pleadings
• Fraudulent-misrepresentation

Sihra Singh Santokh v Faulu Uganda Ltd

Sihra Singh Santokh v Faulu Uganda Ltd (Civil Suit No. 517 of 2004) [2014] UGHCLD 23 (30 April 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 517 of 2004

The High Court held that disruptive construction by the landlord breached the tenant’s quiet enjoyment covenant, but the tenant’s termination notice validly rescinded the lease.

• Tenancy Agreement
• Breach Of Contract
• Rescission Of Contract
• Quiet Enjoyment
• Notice Period
• Damages

Ndagire Gladesi and Anor v Nsubuga Mpombe Hussein (HCT-00-CC-CS 497 of 2004)

Ndagire Gladesi and Anor v Nsubuga Mpombe Hussein (HCT-00-CC-CS 497 of 2004) [2005] UGCommC 72 (30 November 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 497 of 2004

The High Court of Uganda held that the plaintiffs failed to prove fundamental breach of a land-and-construction agreement and dismissed the suit with costs.

• Contract Breach
• Sale Of Land
• Construction Disputes
• Rescission Of Contract
• Contract-breach
• Construction-disputes