Now reaching our desk is that gospel singer Judith Babirye has landed herself in trouble over breach of contract, ordered by court to pay shs 100M.
It is said that Judith Babirye involved in a botched land deal with businessman Joseph Ojok.The land in question is located on Block 383 ,Plot 9660 in kitende – Kawoto in Busiro county ,Wakiso district .
According to Kampala sun,In a judgement dated October 3, Justice Anna Mugenyi said Babirye had promised to refund sh100m to Joseph Ojok, who sued her through Godwin Tashobya, the holder of power of attorney.
“Given the promise by Babirye to refund the money paid to her in exchange for the property in issue, Ojok is entitled to the said money. Babirye is, therefore, directed to pay the money to Ojok,” Mugenyi directed.
The judge, however, declined to award Ojok interest on the amount, saying it was not agreed on by the parties.
“Given the circumstances and outcome of this matter, each party will bear their own costs of the suit.”
Mugenyi observed that Ojok failed to pay the money agreed upon by the parties within the time frame agreed, resulting in the sale of the property to another party because Babirye needed the money to pay the loan she had obtained from Finance Trust Bank.
The court heard that Babirye sold off the land to a second buyer after Ojok failed to pay all the money for the land within three months from the date of signing the agreement on June 30, 2015.
“In effect and keeping Section 2 of the Contracts Act, 2010, in mind, the contract in issue became voidable at the option of Babirye and could not be enforced,” she ruled.
The court heard that under the clause “express provision/condition of good title” the parties agreed that should the purchaser also fail to pay in time, a refund shall be made minus 20%.
During the hearing, Godwin Tashobya told court that Ojok purchased the property from Babirye, but prior to signing the purchase agreement, she (Babirye) had authorised a one Robert Kasaija to access information pertaining to her loan balances from Finance Trust Bank, Katwe branch.
Tashobya further stated that at the time of purchase, Ojok obtained information from Babirye’s bank that the property was subject to a mortgage with an outstanding loan balance of sh40m.
However, when Ojok deposited the funds in Babirye’s bank account at Finance Trust Bank, he was informed that the musician had cleared the mortgage and was given the certificate of title.