Bryan White standing next to one of his luxurious vehicles - a Mercedes Benz Cross Country. COURTESY PHOTO

The Commercial Court has ordered businessman Brian Kirumira, commonly known as Bryan White, to pay $160,000 (over Shs566m) as balance for purchase of a motor vehicle.

Court heard that in May 2018, socialite Brian White signed a purchase agreement with businessman Alex Binyenda of International Security Systems Uganda Limited for purchase of a Mercedes Benz at $260,000.

Court documents indicate that Kirumira paid $100,000 leaving a balance of $160,000 which he neglected and or failed to pay.

Justice Jeanne Rwakakooko of the Commercial Division of the High Court ordered Kirumira to pay an interest of 6 percent per year on the Shs566 million from My 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 outstanding balance of $160,000.

How it started

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 court document.

Court heard that Binyenda kept demanding for the balance of $160,000 but the defendant hid until he reported a case at the Police since Kirumira could not be accessed, approached and had neglected and or failed to pay the said balance.

Justice Rwakakooko further dismissed Brian White’s counterclaim against Binyenda in regard to 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 with the intention to be bound and therefore it is presumed that since the description/details of the suit vehicle are clearly laid out in the log book, 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.

However, the case was decided after court hearing evidence from one party since Brian White and his lawyers did not file their evidence by way of written statements.

In July 2018, the police raided the socialite’s home and impounded a luxurious Mercedes Benz Cross Country on allegations that he had acquired it fraudulently.

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