BY JULIET KIGONGO
Court has ordered city socialite Brian Kirumira also known as Brian White to pay businessman Alex Binyenda $160,000 (more than Shs566 million) as the balance for the purchase of a Mercedes Benz, motor vehicle.
Justice Jeanne Rwakakooko of the Commercial Division of the High Court ordered Kirumira to pay an interest of 6 per cent per year on the Shs566 million from May 2018 to the date of judgment and legal costs incurred by the complainant.
“The defendant (Kirumira) having admitted that there is indeed a balance on the purchase price of $160,000, the plaintiff is therefore entitled to the sum of $160,000, being the balance of the purchase price of the suit motor vehicle purchased by the defendant. Interest shall also be allowed,” Justice Rwakakooko held.
Binyenda through his lawyers of Wameli and Company Advocates sued Brian White in 2018 for recovery unpaid balance of $160,000 after the purchase of the motor vehicle by Kirumira.
Court documents show that in April 2018, Kirumira proposed to Binyenda that he wanted to buy the car and that he took it without authorization as the payment for the same had not been made.
“The defendant then entered negotiations with the plaintiff to buy the car until the parties agreed on $260,000. That following this, in May 2018, the defendant by agreement purchased the plaintiff’s motor vehicle at a total of $260,000 and that he paid $100,000 leaving a balance of $160,000,” reads the complaint.
Court heard that Binyenda kept demanding the balance of $160,000 but the defendant kept on dodging and hiding from him until he reported a case at the police since Kirumira couldn’t be accessed, approached and that he neglected and or failed to pay the said balance.
The court also dismissed Brian White’s counterclaim against Binyenda regarding breach of contract by using police to take back the car reasoning that the Police requested Kirumira to take back the disputed motor vehicle.
“The defendant consented to buy the said car to be bound and therefore it is presumed that since the description/details of the suit vehicle are clearly laid out in the logbook, the defendant should have taken note of the same before the said purchase and or carried out due diligence before purchasing the said vehicle rather than after the purchase was made as alleged,” Justice Rwakakooko observed.
Kirumira through his lawyer John Bulungu of M/s ABNO Advocates had sought to recover $100,000 claiming that he had paid it as part payment for the purchase of the disputed vehicle as well as general damages.
