[2013] UGHC 257

[2013] UGHC 257

The court found that the defendant failed to secure the amendment of the memorandum of understanding within the stipulated seven days, which was a condition precedent for the transaction. The deed of acknowledgment and undertaking expressly required the defendant to refund the sum of Ug. Shs.100,000,000/= to the plaintiff upon failure to secure the amendment. The defendant's claim for commission and refund of the commitment fee was unsupported by any binding agreement with the plaintiff, and the payment of Ug. Shs.50,000,000/= as commitment fee was made in the defendant's own name, not the plaintiff's. The court held that the plaintiff was entitled to a refund of Ug. Shs.100,000,000/=,...

Citation
[2013] UGHC 257
Parties
Plaintiff: Metropolitan Properties Ltd; Defendant: Oscar Mugume
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
21 August 2013
Case Number
misc. Applic. No. 120 OF 2013
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff. Counterclaim dismissed.
Judges
Kabiito, J
Legal Topics
Breach of Contract, Agency Relationships, Commission Disputes, Lease Transactions, Deeds and Undertakings
Source Language
English
Commercial and Corporate Land and Property Breach of Contract Agency Relationships Commission Disputes Lease Transactions Deeds and Undertakings

Case Brief

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Parties

Metropolitan Properties Ltd

Plaintiff

Oscar Mugume

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant breached the deed of acknowledgement and undertaking.
  2. 2 Whether the defendant procured any land for the plaintiff on acceptable terms.
  3. 3 Whether the plaintiff owes the defendant a commission of Shs.750,000,000/= and a refund of Ug. Shs.50,000,000/=.

Ratio Decidendi

The court found that the defendant failed to secure the amendment of the memorandum of understanding within the stipulated seven days, which was a condition precedent for the transaction. The deed of acknowledgment and undertaking expressly required the defendant to refund the sum of Ug. Shs.100,000,000/= to the plaintiff upon failure to secure the amendment. The defendant's claim for commission and refund of the commitment fee was unsupported by any binding agreement with the plaintiff, and the payment of Ug. Shs.50,000,000/= as commitment fee was made in the defendant's own name, not the plaintiff's. The court held that the plaintiff was entitled to a refund of Ug. Shs.100,000,000/=,...

Court Disposition

Judgment for the plaintiff. Counterclaim dismissed.

Orders

  • The defendant shall refund to the plaintiff the sum of Ug. Shs.100,000,000/= within 14 days from the date of judgment.
  • The defendant shall bear the costs of the suit and counterclaim.