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Uganda decisions
Decisions matching the current search
Kamulegeya v Zaribwende (Civil Suit No. 417 of 2006) [2014] UGHCLD 52 (15 December 2014)
High Court land dispute over leasehold rent and re-entry: the court upheld the plaintiff’s right to vacant possession, denied relief against forfeiture, and awarded damages.
Kagoro Solomon V Myrtha West (Civil Suit No. 0086 of 2007) [2009] UGHC 246 (5 October 2009)
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.
Combined Building Co. Limited v Mukasa & 3 Others (Civil Suit 45 of 1994) [1994] UGHC 63 (22 June 1994)
The High Court granted the applicant unconditional leave to defend a rent arrears and forfeiture suit, finding triable issues and procedural irregularities in the affidavits.
Butagira v Namukasa (Civil Appeal No. 5 of 1989) [1990] UGSC 26 (18 July 1990)
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…
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Williamson and Another v Walmsley (Civil Suit No. 522 of 1955.) [1955] EACA 281 (1 January 1955)
The court held that the first plaintiff, as original lessor, had the right to forfeit the lease for non-payment of rent by commencing proceedings and serving summons on the defendant, thereby terminating the tenancy before the transfer of the property. Although the first plaintiff could not obtain an order for possession after disposing of her interest, her right to possession passed to the second plaintiff upon transfer. The transferee, however, could not forfeit the lease for arrears of rent due before transfer, but since the forfeiture and right to possession had already accrued to the fir…
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Salim v Salim (Civil Appeal No. 60 of 1954) [1955] EACA 288 (1 January 1955)
The Court of Appeal held that the Rent Control Board had jurisdiction to order recovery of possession for breach of covenant in a lease containing a forfeiture clause, as conferred by the Increase of Rent (Restriction) Ordinance. The oral and documentary evidence established that the tenant had sub-let the premises without the landlord's written consent, in breach of the lease. The agreement produced was not a registrable lease but an agreement for a lease, and even if inadmissible, sufficient oral evidence of sub-letting existed. The Board and Supreme Court were entitled to accept this evide…
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Ngara Hotel Limited and Others v Suleman and Others (Privy Council Appeal No. 11 of 1950) [1952] EACA 214 (1 January 1952)
The Privy Council dismissed an appeal over possession of leased premises, holding there was no waiver, section 111 was satisfied, and the tenants lacked protection.
