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Uganda decisions
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Desai v Mcfee and Another (Civil Case No. 85 of 1950) [1950] EACA 32 (1 January 1950)
The court held that the defendants were licensees, not tenants, because they had exclusive use of parts of a shop but no exclusive possession of any part.
Mayer and Teja v Martin (Civil Appeal No. 19 of 1948) [1948] EACA 56 (1 January 1948)
The court held that the agreement, despite being termed a 'licence', granted the respondent exclusive possession and control of the hotel premises for a fixed term, with rights and obligations characteristic of a lease. The substance of the arrangement, including the right to quiet enjoyment, assignment, and re-entry for breach, indicated a transfer of interest in land rather than a mere personal privilege. The court applied established legal tests and authorities, concluding that the instrument was a lease and not a licence. Consequently, the consent of the Rent Control Board was required un…
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