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

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

Kuwe v Damji Vadher

Kuwe v Damji Vadher (Civil Appeal No. 42 of 2000) [2001] UGCA 47 (21 September 2001)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 42 of 2000

Judge

Mpagi-Bahigeine, JA, Engwau, JA, Kitumba, JA

The Court of Appeal held that the trial judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although the respondent breached certain covenants of the lease, the court found that the period of non-payment and subletting coincided with the respondent's expulsion and the property's vesting in the Departed Asian Property Custodian Board, circumstances not contemplated by the parties. The court affirmed that section 27 of the Judicature Statute allows relief against forfeiture for non-payment of rent, and that equity may be invoked under sections 16(2)…

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• Lease Forfeiture
• Relief Against Forfeiture
• Re Entry
• Equitable Remedies
• Registration Of Titles
• Expropriated Properties

Erukana Kuwe v Vashrambhai Damji Vadher

Erukana Kuwe v Vashrambhai Damji Vadher (Civil Appeal 42 of 2000) [2001] UGCA 34 (21 September 2001)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 42 of 2000

Judge

Mpagi-Bahigeine, DCJ, Engwau, JA, Kitumba, JA

The Court of Appeal held that the trial Judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although breaches of the lease were established, the respondent's inability to perform arose from supervening expropriation and repossession circumstances beyond his control. Section 27 of the Judicature Statute provides for relief against forfeiture for non-payment of rent, and where statutory law is silent, the High Court may resort to equity under Sections 16(2) and 35 of the Judicature Statute. The appellant's actions, including refusal to accept rent an…

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• Lease Forfeiture
• Relief Against Forfeiture
• Re Entry Rights
• Equitable Remedies
• Departed Asians Property
• Registration Of Titles

William and Another v Walmsley

William and Another v Walmsley (Civil Suit No. 522 of 1955) [1956] EACA 34 (1 January 1956)

Court

East African Court of Appeal

Case number

Civil Suit No. 522 of 1955

Judge

Forbes J

The first plaintiff, as original lessor, exercised her right to forfeit the lease for non-payment of rent by commencing proceedings and serving summons on the defendant. This act terminated the tenancy before the transfer of ownership. Although the first plaintiff was not entitled to possession after disposing of her interest, her right to possession passed to the second plaintiff upon transfer. The second plaintiff, as transferee, was entitled to recover possession, but not to arrears of rent or to enforce forfeiture for breaches occurring before transfer. The court further held that relief…

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• Lease Forfeiture
• Transfer Of Property
• Landlord Tenant Disputes
• Mesne Profits