Mohamed and Another v Patel and Others
Mohamed and Another v Patel and Others (Civil Appeal No. 69 of 1955) [1950] EACA 80 (1 January 1950)
The Court held that the landlord, having accepted rent in advance with sufficient knowledge of the illegal subletting, must be deemed to have waived any rights to seek possession based on that breach. The evidence established that the landlord was aware of the subletting at the time of accepting rent, and under both English and Ugandan authorities, such acceptance constitutes an unequivocal affirmation of the tenancy and waiver of the right to forfeit. The Rent Restriction Ordinance provides exhaustive grounds for eviction, and illegal use not resulting in prosecution does not entitle the lan…
Source excerpt
- Statutory Tenancy
- Waiver Of Rights
- Illegal Subletting
- Municipal Building Rules
- Rent Restriction
- Estoppel