Nanteza Nabeta v Konde (Civil Suit No. 391 of 2010) [2020] UGHCLD 2 (18 March 2020)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 391 of 2010
Judge
Batema, J
The High Court held that the defendant fraudulently registered titles over the plaintiff’s land, ordered cancellation, eviction, injunction, nominal damages, and costs.
Singh v Pirbhai (Privy Council Appeal No. 8 of 1950 .) [1955] EACA 363 (1 January 1955)
Court
East African Court of Appeal
Case number
Privy Council Appeal No. 8 of 1950 .
Judges
Lord Normand, Lord Oaksey, Lord Radcliffe
The Privy Council held that the statutory scheme under the Increase of Rent and Mortgage Interest (Restrictions) Ordinance, 1940, creates two independent codes for dwelling-houses and business premises. In cases of 'mixed' premises, the dominant feature or user must be determined; double protection does not apply. The premises in question were structurally residential, and business use was ancillary. The respondent was estopped from claiming contractual tenancy by his solicitor's letter, and must be regarded as a statutory tenant. The landlord's current accommodation did not qualify as a 'dwe…
Uganda Ration Stores and Others v Bandali and Others1 (Civil Appeal No. 80 of 1954) [1955] EACA 304 (1 January 1955)
Court
East African Court of Appeal
Case number
Civil Appeal No. 80 of 1954
Judges
Griffin C.J. (Uganda), Nihill P, Worley VP
The East African Court of Appeal held that a demolition-and-rebuild plan was a redevelopment scheme under Uganda rent control law and dismissed the tenants’ appeal.
Gulabchand v Virji and Others (Civil Appeal No. 16 of 1953) [1953] EACA 34 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Appeal No. 16 of 1953
Judge
Harley J
The court held that a subtenant’s walking out and the landlord’s entry did not amount to “parting with possession” under section 16(1)(i). The appeal was dismissed.
Patel and Another v Amin (Civil Appeal No. 38 of 1951) [1952] EACA 301 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 38 of 1951
Judge
De Lestang J
The court held that the magistrate misdirected himself by treating the landlords’ own overcrowding as decisive and ignoring other relevant factors. Appeal allowed; retrial ordered.
Bokheriawala v Ismail (Civil Appeal No. 23 of 1952) [1952] EACA 108 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 23 of 1952
Judge
Hearne CJ, Nihill P, Worley VP
The Court of Appeal for Eastern Africa held that section 10(2)(f) did not require a separate three-month notice in addition to the notice needed to end the tenancy.
Ngara Hotel Limited and Others v Suleman and Others (Privy Council Appeal No. 11 of 1950) [1952] EACA 214 (1 January 1952)
Court
East African Court of Appeal
Case number
Privy Council Appeal No. 11 of 1950
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.
Nairobi Printing Press v Byramje (Civil Appeal No. 6 of 1952) [1952] EACA 136 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 6 of 1952
Judge
Nihill P, Windham J, Worley VP
The Court held that the appellant could not raise on appeal a point not challenged in the Supreme Court below, specifically the sufficiency of the notice to quit. The Board's finding that the occupiers received the notice was supported by evidence, and the notice was addressed to both the executors and the business, two of whom were partners and in occupation. The Court found no procedural irregularity amounting to a denial of natural justice, as the Board's proceedings were conducted with both parties represented and witnesses examined. The Court further held that the statutory ground for po…
Virdee v Braganza and Others (Civil Appeal No. 882 of 1951) [1952] EACA 299 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 882 of 1951
Judge
De Lestang J
The court held that the tenant had not abandoned possession of the premises, because evidence showed an intention to return and continued occupation through family members and retained furniture.