By Our Reporter
The High Court’s Commercial Division has ordered businessman Quillino Bamwine to refund Shs325 million to plaintiff Joseph Jabs Mubiru after finding that money he received in 2019 to secure land in Naguru was never used for the intended purpose.
Justice Stephen Mubiru, in a judgment delivered on November 11, 2025, ruled that Bamwine was unjustly enriched, noting that the plaintiff paid him Shs350 million in instalments to obtain a leasehold title for land on Plot 89 Katalina Road, Naguru, but the defendant neither delivered the title nor returned the money.
Bamwine had argued that no enforceable contract existed because the arrangement was not in writing, as required by the Contracts Act.
The Court rejected this argument, holding that WhatsApp messages, electronic funds transfers, and related correspondence constituted “sufficient writing” under the law.
Justice Mubiru noted that these communications “reasonably identified the subject matter of the contract, indicated mutual assent, and stated material terms with sufficient certainty.”
In the letter dated October 31, 2025, Eswatini’s Ambassador and Permanent Representative to the African Union, Mahlaba A. Mamba, said the diplomat had “failed to respond” to earlier warnings and continued to engage in alleged illicit activities despite repeated interventions by Ugandan authorities.
“Additional allegations of serious misconduct including extortion, fraud, and other criminal activities have since emerged,” the letter states. “Of particular concern are reports implicating you in a land transaction that appears to constitute a criminal act.”
Ambassador Mamba added that both “government authorities and private individuals” had filed persistent complaints about the consul’s behavior.
“The Embassy has been left with no option but to report your alleged misconduct to the relevant authorities,” he wrote, adding that Eswatini’s government had “advised that we revoke your appointment as Honorary Consul… with immediate effect.”
Evidence presented in Court showed that Mubiru transferred Shs350 million between February and March 2019 after Bamwine provided his banking details.
In return, Bamwine promised to use his networks and expertise to secure a land title from the Kampala District Land Board.
But WhatsApp messages showed Bamwine repeatedly promising updates on the “Naguru BAF” (Bank Advice Form) without delivering any results. When Mubiru demanded a refund in October 2019, the defendant failed to provide a reason for retaining the funds.
Justice Mubiru concluded that Bamwine offered no benefit for the payment, making the continued retention of the money “unconscionable and against equity and good conscience.”
Bamwine claimed the payments were repayments for earlier loans he allegedly extended to the plaintiff.
The Court rejected this defence, noting the lack of evidence and pointing out that the messages instead referred to a separate loan Bamwine had taken from Mubiru, not vice versa.
“Nowhere in the messages did the defendant seek recovery of any alleged debt from the plaintiff,” the judge ruled.
The Court awarded interest at 15% per annum from October 14, 2019 until full payment, reasoning that the plaintiff had been deprived of his funds for an unreasonably long period.
While Mubiru had sought general damages, the Court found he had not proven specific additional harm and declined to award them.
On the counterclaim, Bamwine succeeded in showing that the plaintiff wrongfully retained his Kabubu land titles for more than a year after he had repaid a separate loan.
The Court awarded him Shs25 million in general damages, which was set off against the plaintiff’s award.
After the set-off, Shs325 million remains payable to Mubiru.
Bamwine was ordered to pay the costs of the main suit, with each party bearing their own costs for the counterclaim.
Christal Advocates represented Mubiru while TALP Advocates represented Bamwiine.
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