Meera Investment Limited v DFCU Bank Limited and Another (Civil Suit 948 of 2017) [2023] UGHCLD 340 (24 October 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 948 of 2017
Judge
Asiimwe, J
The High Court held that DFCU Bank’s takeover and transfer of 48 leasehold properties required the lessor’s consent, and that the transfer was illegal without it.
Butagira v Namukasa (Civil Appeal No. 5 of 1989) [1990] UGSC 26 (18 July 1990)
Court
Supreme Court of Uganda
Case number
Civil Appeal No. 5 of 1989
Judge
Wambuzi, CJ, Odoki, JSC, Platt, JSC
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…