[2021] UGCommC 87
The court found that the respondents were duly served with the application and supporting documents but failed to file any response or appear in court. The applicant had fulfilled its obligations under the consent settlement by paying the full purchase price for the property. The respondents' failure to deposit the...
Source-derived case information.
- Citation
- [2021] UGCommC 87
- Parties
- Applicant: Mariana Agencies Limited; Respondent: James Bwogi; Respondent: Godfrey Bwogi Kimera
- Court
- Commercial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- H.C.Miscellaneous Application No. 290 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application_granted
- Judges
- Gaswaga, J
- Legal Topics
- Enforcement of Consents, Transfer of Land Title, Specific Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariana Agencies Limited
Applicant
James Bwogi
Respondent
Godfrey Bwogi Kimera
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the respondents should be compelled to produce and hand over an encumbrance free duplicate certificate of title for the property to the applicant in fulfillment of the consent settlement.
- 2 Whether the respondents should be ordered to execute all documents necessary to effect transfer of the property into the applicant's name.
- 3 Whether the application should be granted as unchallenged due to lack of response from the respondents.
Ratio Decidendi
The court found that the respondents were duly served with the application and supporting documents but failed to file any response or appear in court. The applicant had fulfilled its obligations under the consent settlement by paying the full purchase price for the property. The respondents' failure to deposit the title deed and execute transfer instruments constituted a breach of the consent settlement. The court held that it was just and equitable to grant the orders sought by the applicant to enforce the settlement and effect transfer of the property. The application was granted as unchallenged, and the respondents were ordered to produce and hand over the title deed and all necessary...
Court Disposition
application_granted
Orders
- The respondents shall immediately produce in court an encumbrance free duplicate certificate of title for land and property comprised in Kyadondo Freehold Register Volume 625 Folio 1 Plot 31 William Street, Kampala.
- Alternatively, the respondents shall immediately hand over to the applicant the said title deed plus a duly signed transfer form together with all other documents required to effect a transfer of the said property into the name of the applicant.
Full Case Text
Judgment text and source record
14 paragraphs
## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA [COMMERCIAL DIVISION] M. A No. 290 of 2021 (Arising out of Civil Suit No. 268 of 2018) MARIANA AGENCIES LIMITED:::::::::::::::::::::::::::APPLICANT VERSUS**
## **1. JAMES BWOGI**
**2. GODFREY BWOGI KIMERA:::::::::::::::::::::::::::RESPONDENTS**
## **BEFORE: HON. JUSTICE DUNCAN GASWAGA RULING**
- [1] This is an application brought under The Constitution of the Republic of Uganda, The Judicature Act, Section 98 CPA and Order 52 rules <sup>1</sup> &3 CPR for orders that; *the respondents immediately produce in court an encumbrance free duplicate certificate of title for land and property comprised in Kyadondo Freehold Register Volume 625 Folio <sup>1</sup> Plot 31 William Street, Kampala; the respondents immediately hand over to the applicant the said title deed plus a duly signed transfer form together with all other documents required to effect a transfer of the said property into the name of the applicant and for costs of this application.* - [2] The grounds of the application were detailed in the affidavit of Tom Kitandwe and they were briefly that; the respondents, in breach of the consent settlement signed by the parties on 11/06/2018, failed and or refused to deposit the said title deed in court; that the applicant paid the full purchase price for the said property to the respondents
according to the consent settlement but has no title thereof and that it is just and equitable that the respondents are ordered to produce and hand over to the applicant the said title with all the required transfer instruments in fulfillment of the consent settlement.
- [3] At the hearing of the application Counsel for the applicant informed court that the respondents had been served with the Notice of motion and the written submissions but had not filed their affidavit in reply and submissions thereof. Counsel prayed that the orders prayed for be granted since the application was unchallenged. - [4] <sup>I</sup> have read the pleadings and also listened to the submissions of Mr. Kahuma Counsel for the applicant. In particular, <sup>I</sup> have noted from the affidavit of service sworn by one Tom Kitandwe and <sup>I</sup> am satisfied that service of court process on the respondents was effected. The respondents filed no affidavit in reply to the application. They also chose not to come to court without excuse. In short this application stands and remains undefended. - **[5] The application is accordingly granted with the following orders;** - **1) That the respondents immediately produce in court an encumbrance free duplicate certificate of title for land and property comprised in Kyadondo Freehold Register Volume 625 Folio <sup>1</sup> Plot 31 William Street, Kampala**
## **OR**
**2) The respondents immediately hand over to the applicant the said title deed plus a duly signed transfer form together with** **all other documents required to effect a transfer of the said property into the name of the applicant.**
- **3) All the above should be done within a period of one month from the date hereof.** - **4) The respondents pay the costs of this application**
**<sup>I</sup> so order**
**Dated, signed and delivered this 12th day of April 2021**
**JUDGE**