Nama Estates Ltd v Kanyike Aamba & Anor
Nama Estates Ltd v Kanyike Aamba & Anor (Civil Suit No. 42 of 2011) [2013] UGHCCD 93 (3 July 2013)
The court found that the Plaintiff, as a lessee, admitted in its pleadings that the first Defendant is the registered proprietor and that the lease was granted by the Defendant. Under Section 176 of the Registration of Titles Act, a lessee cannot bring an action for ejectment or recovery of land against the registered proprietor (lessor). The Plaint's prayer for an eviction order is therefore barred by law. The court relied on binding Ugandan Supreme Court authority and statutory provisions to conclude that the Plaint discloses no cause of action and is barred by law. Accordingly, the Plaint…
Source excerpt
- Rejection Of Plaint
- Registered Proprietor Rights
- Lessee Vs Lessor Actions
- Eviction Orders
- Registration Of Titles Act