Uganda Case Law

Nabiito Nakato v Lukanga

Nabiito Nakato v Lukanga (Civil Appeal 618 of 2018) [2024] UGHCLD 225 (24 September 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 618 of 2018

Judge

Busingye, J

The court found that the plaintiff, as an illiterate, was not adequately informed of the lease terms, and the lease agreement lacked sufficient proof of translation and explanation, upholding the preliminary objection. On the substantive issue, the defendant was found to have breached the lease covenants by failing to pay the full premium and ground rent as agreed, with arrears totaling Ug. Shs. 20,250,000 as of December 2023. The defendant's evidence of payment was inconsistent, and several receipts were found unreliable or forged. The plaintiff is entitled to forfeiture of the lease, vacant…

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• Lease Forfeiture
• Breach Of Covenant
• Ground Rent Arrears
• Illiterates Protection Act Compliance
• Remedies For Breach
• Forgery Of Receipts

Kuwe v Matovu & Anor

Kuwe v Matovu & Anor (Civil Suit No. 177 of 2003) [2012] UGHC 57 (23 March 2012)

Court

High Court of Uganda

Case number

Civil Suit No. 177 of 2003

Judge

Tuhaise, J

The High Court held that the plaintiff was the registered proprietor and lessor, found an unlawful lease transfer and unpaid ground rent, and ordered forfeiture, cancellation, eviction, and damages.

• Lease Forfeiture
• Breach Of Covenant
• Registration Of Titles
• Unlawful Transfer
• Ground Rent
• Eviction

Kagoro Solomon V Myrtha West

Kagoro Solomon V Myrtha West (Civil Suit No. 0086 of 2007) [2009] UGHC 246 (5 October 2009)

Court

High Court of Uganda

Case number

Civil Suit No. 0086 of 2007

Judge

Owiny-Dollo, J

The High Court held that the defendant breached a lease by refusing to pay revised ground rent, and ordered re-entry, arrears, interest, and costs.

• Lease Agreements
• Ground Rent Arrears
• Forfeiture Of Lease
• Breach Of Covenant
• Lease-agreements
• Ground-rent-arrears

Erukana v Vasrambhai

Erukana v Vasrambhai (Civil Appeal 2 of 2002) [2002] UGSC 48 (18 September 2002)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2002

Judge

Odoki, CJ, Oder, JSC, Tsekooko, JSC, Kanyeihamba, JSC, Mulenga, JSC

The Supreme Court held that the appellant lawfully re-entered and terminated the respondent's lease due to clear breaches of covenants, including non-payment of rent and unauthorized subletting. The Court found that the act of letting the property to a new tenant constituted constructive possession and lawful re-entry, which terminated the lease as between the parties, regardless of the Registrar's refusal to note the re-entry. The respondent's counterclaim for relief against forfeiture and possession was, in substance, an action for ejectment against the lessor, which is barred by section 18…

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• Lease Forfeiture
• Relief Against Forfeiture
• Right Of Reentry
• Breach Of Covenant
• Registration Of Titles
• Counterclaim Procedure

James William Isiko t/a Jwis & Company v Raimer Establishments Limited

James William Isiko t/a Jwis & Company v Raimer Establishments Limited (Civil Suit 765 of 1994) [2002] UGHCCD 29 (6 March 2002)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 765 of 1994

Judge

Arach-Amoko, JCC

The High Court found the landlord liable for failing to repair burglary damage and for discontinuing security, and awarded the tenant UGX 4.7 million plus interest and costs.

• Landlord Tenant Liability
• Breach Of Covenant
• Duty To Repair
• Provision Of Security
• Special Damages
• Contractual Obligations

Babumba & 2 Ors v Bunju

Babumba & 2 Ors v Bunju (Civil Suit No. 679/90) [1990] UGHC 15 (20 September 1990)

Court

High Court of Uganda

Case number

Civil Suit No. 679/90

Judge

Okello, J

The High Court granted a temporary injunction preserving the plaintiffs’ occupation of leased premises pending trial, finding a prima facie case, irreparable harm, and balance of convenience.

• Temporary Injunctions
• Lease Disputes
• Breach Of Covenant
• Eviction
• Status Quo Preservation
• Temporary-injunctions

Butagira v Namukasa

Butagira v Namukasa (Civil Appeal No. 5 of 1989) [1990] UGSC 26 (18 July 1990)

Court

Supreme Court of Uganda

Case number

Civil Appeal No. 5 of 1989

Judge

Wambuzi, CJ, Odoki, JSC, Platt, JSC

The Supreme Court held that the absence of consent under Section 22(5)(c) of the Public Lands Act rendered the transfer of the leasehold property voidable, not void ab initio, and only the controlling authority could enforce such breaches. The appellant was found to have breached the covenants of the lease by failing to pay rent and subletting without the lessor's consent. Relief against forfeiture for non-payment of rent was not available to the appellant, as the breach was not solely for non-payment and the relevant statutory provisions did not apply where re-entry was effected by an indivi…

Source excerpt

• Leasehold Transfer
• Forfeiture Of Lease
• Consent Requirement
• Breach Of Covenant
• Relief Against Forfeiture