Uganda Case Law

Bukenya v Sajjad Butt

Bukenya v Sajjad Butt (Civil Suit No. 58 of 2021) [2022] UGHCLD 223 (31 October 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 58 of 2021

Judge

Basaza, J

The court found that although the COVID-19 lockdown made performance of the tenancy agreement burdensome for the Plaintiff, it did not render performance impossible or impracticable. The Plaintiff remained in occupation of the premises and did not accept the Defendant's offer of a waiver. The tenancy agreement lacked a force majeure clause, and the doctrine of frustration, as interpreted in Ugandan law and relevant case law, does not apply to leases except in exceedingly rare circumstances. The Plaintiff's obligation to pay rent was unconditional, and the Defendant's termination notice compli…

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• Tenancy Agreement
• Contract Frustration
• Rent Arrears
• Termination Of Tenancy
• Force Majeure Absence
• Compensation For Improvements

Okumu Okori & Anor v Tumwesigye & Anor (HCT- OO-CIVIL SUIT 301 of 2009)

Okumu Okori & Anor v Tumwesigye & Anor (HCT- OO-CIVIL SUIT 301 of 2009) [2015] UGCommC 186 (30 September 2015)

Court

Commercial Court of Uganda

Case number

HCT- OO-CIVIL SUIT 301 of 2009

The court awarded the plaintiffs UGX 19.5 million for renovations, rejected claims for new structures and rent arrears, and dismissed the defendants’ counterclaim.

• Breach Of Contract
• Lease Agreements
• Misrepresentation
• Compensation For Improvements
• Counterclaim
• Special And General Damages

Rajabali Valimohamed Vaiya & Ors v General Parts (U) Ltd

Rajabali Valimohamed Vaiya & Ors v General Parts (U) Ltd (Civil Suit No. 570 of 2002) [2014] UGHCLD 39 (30 November 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 570 of 2002

Judge

Anna B. Mugenyi, J

The High Court found the defendant liable for rental arrears, rejected its fraud challenge to repossession, and offset proven improvements against the debt.

• Tenancy Disputes
• Rental Arrears
• Repossession Of Property
• Fraud In Land Transactions
• Mesne Profits
• Compensation For Improvements

Okabo Quirino v Komagum

Okabo Quirino v Komagum (Civil. App. No.7 Of 2007) (Civil. App. No.7 of 2007) [2009] UGHC 28 (29 January 2009)

Court

High Court of Uganda

Case number

Civil. App. No.7 of 2007

The High Court partly allowed an appeal on special damages, disallowing motor-vehicle repair costs as too remote, and upheld the refusal of compensation for unpleaded, unproved property claims.

• Special Damages
• Compensation For Improvements
• Burden Of Proof
• Eviction
• Pleadings
• Remoteness Of Damage

Haruna Serunjogi v George William Kijjambu

Haruna Serunjogi v George William Kijjambu (Civil Appeal No. 33 of 2002) [2005] UGCA 78 (14 July 2005)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 33 of 2002

The Court of Appeal partly allowed a land appeal, setting aside compensation for improvements but upholding the rest of the High Court orders.

• Mailo Land Ownership
• Trespass To Land
• Compensation For Improvements
• Mesne Profits
• Bonafide Occupant Status
• Land-and-property

Industrial Coffee Growers Uganda Limited v Kyaggwe Coffee Curing Company Limited and Another

Industrial Coffee Growers Uganda Limited v Kyaggwe Coffee Curing Company Limited and Another (Civil Appeal 52 of 2002) [2005] UGCA 89 (23 February 2005)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 52 of 2002

Judge

Mpagi-Bahigeine, JA, Engwau, JA, Twinomujuni, JA

The Court of Appeal held that the respondents never agreed to sell or lease the suit property to the appellant, as the 1st respondent did not own the property and any purported offers were not made by the actual owner, the 2nd respondent. The evidence did not establish that Antoni Tamale was acting on behalf of the appellant, and the correspondence was addressed to him personally. The principle of separate corporate personality applied, and there was no basis to lift the corporate veil between the two respondent companies. The appellant failed to prove that it made improvements to the propert…

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• Company Law
• Corporate Veil
• Property Ownership
• Compensation For Improvements
• Breach Of Contract

Diisi v Mbarara Stores Limited

Diisi v Mbarara Stores Limited (Civil Suit No. 39 of 1995) [1999] UGHC 45 (16 March 1999)

Court

High Court of Uganda

Case number

Civil Suit No. 39 of 1995

Judge

Musoke-Kibuuka, J

The defendant, Mbarara Stores Ltd., is the lawful owner of Plot No.1, Mbaguta Street, Mbarara Municipality, by virtue of a valid leasehold title and certificate of repossession under the Expropriated Properties Act, 1982. The plaintiff's lease and developments on the property were null and void ab initio, as the property was not available for leasing when the allocation was made to the plaintiff. The plaintiff's activities amounted to trespass, and he is not entitled to compensation for improvements, general damages, or any declaration of ownership. The defendant is entitled to vacant possess…

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• Leasehold Title Disputes
• Expropriated Properties Act
• Trespass To Land
• Compensation For Improvements
• Cancellation Of Title

Ebrahim Alarakhia Kassam and 2 Others vs Salik (U) Ltd and 3 Others

Ebrahim Alarakhia Kassam and 2 Others vs Salik (U) Ltd and 3 Others (Civil Appeal No 4 of 1997) [1998] UGCA 17 (1 December 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 4 of 1997

The Court of Appeal held that the High Court has no original jurisdiction to entertain claims for compensation for improvements made to property governed by the Expropriated Properties Act. The statutory procedure requires claimants to submit their claims to the Verification Committee for verification and determination by the Minister. Only if dissatisfied with the Minister's decision may a claimant appeal to the High Court. In this case, the respondents did not follow the prescribed statutory procedure, and there was no evidence of submission to the Verification Committee or determination by…

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• Expropriated Properties Act
• Compensation For Improvements
• Verification Committee Procedure
• Jurisdiction Of High Court

Nambuya and 4 Others v Devishi Manek Shah and 3 Others

Nambuya and 4 Others v Devishi Manek Shah and 3 Others (Miscellaneous Application 38 of 1997) [1998] UGHC 18 (30 January 1998)

Court

High Court of Uganda

Case number

Miscellaneous Application 38 of 1997

Judge

Augustus Kania, J

The court found that the applicants failed to demonstrate a prima facie case with a probability of success in the main suit, as no evidence was adduced to prove this condition. The claims for compensation for repairs and renovations were based on specific monetary amounts and thus were ascertainable in monetary terms, negating the argument of irreparable injury. The notice period given to vacate the premises was deemed sufficient for relocation, and no breach of tenancy terms was alleged or proved. As the applicants did not satisfy the essential conditions for the grant of a temporary injunct…

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• Temporary Injunction
• Tenancy Disputes
• Compensation For Improvements
• Eviction Notice Period

Ntwirenabo v Attorney General & U.L (H.C.C.C.S No. 955/1990)

Ntwirenabo v Attorney General & U.L (H.C.C.C.S No. 955/1990) [1994] UGHC 40 (11 March 1994)

Court

High Court of Uganda

Case number

H.C.C.C.S No. 955/1990

Judge

Okello, J

The High Court held that the plaintiff legally acquired land in Kibale Forest Reserve and awarded compensation and general damages after government took the land.

• Compulsory Acquisition
• Compensation For Improvements
• Title Registration
• Government Expropriation
• Compulsory-acquisition
• Compensation-for-improvements