Inshan LEGAL
18/11/2023
The plaintiff raised money for his nephew the defendant to start a medical clinic business, and also buy a vehicle to run the business daily errands. However, after starting the business the defendant denied the plaintiff shares from the business, instead of registering the motor vehicle in the business name the defendant opted to it in his own name.
This prompted the plaintiff to report the matter to wandegeya police station, and resulting into the parties executing an M.OU where the defendant agreed to pay the plaintiff Ugx. 128000000 and at the time of ex*****on of the Mou the defendant paid the plaintiff Ugx. 45,000,000/ leaving a balance of Ugx. 83000000/.
When the defendant failed to pay the agreed balance the plaintiff filed this suit against the defendant for the tort of conversion. The defendant was served with the summons, but the defendant never filed his response, and the suit proceeded ex part.
Court held that the plaintiff had proved on the balance of probability that the defendant operated the business inconsistent with the defendants interest, and plaintiff was awarded the agreed amount in the Mou, general damages of 50m.
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