Court name
High Court of Uganda
Judgment date
6 July 2005

Nipun Norottan Bhatia v Crane Bank (Civil Suit-2001/348) [2005] UGHC 53 (06 July 2005);

Cite this case
[2005] UGHC 53

 



 


THE REPUBLIC OF UGANDA


 


IN THE HIGH COURT OF UGANDA AT KAMPALA


 


 


 


CIVIL SUIT No. 348 OF 2001
NIPUN NOROTTAM BHATIA ::::::::::::::::::::::::::: PLAINTIFF

 



- VERSUS -
 

CRANE BANK ::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
 

BEFORE: HON. MR. JUSTICE RUBBY AWERI OPIO
J U D G M E N T
:-

The plaintiff, Nippon Norottam Bhatia brought this action in a representative capacity as the holder of Letters of Administration to the estate of the Late Norattam Bhatia.
 
 
 
The claim against the defendant is for an order seeking vacant possession of land situate at Plot 1 Martin Road, Old Kampala and a declaration that the ownership of the said land had reverted to the estate of the Late Norattam Bhatia.
 

The facts constituting the cause of action are as follows:-
The Late Norattam Bhatia entered a sale of agreement with the defendant in respect of the suit property on 17th April 1996 in which the suit property was sold to the defendant at $75000 (United States Dollars seventy five thousand). By the said agreement the defendant was to pay US$37500 (United States Dollars Thirty seven thousand five hundred) on execution of the agreement and the remaining balance was to be paid on delivery of the title deed in the defendant’s name. The agreement further stipulated that the vendor would indemnify the purchaser for any loss or damage suffered as a result of any damage suffered as a result of any defect in the vendor’s title to the property which may prevent the purchaser from acquiring legal title to the same or from acquiring quiet possession of the same, and in such event a full refund would be effected and the property reverted to the vendor.

The Late Norattam