Uganda Ration Stores and Others v Bandali and Others1 (Civil Appeal No. 80 of 1954) [1955] EACA 304 (1 January 1955)
Court
East African Court of Appeal
Case number
Civil Appeal No. 80 of 1954
Judges
Griffin C.J. (Uganda), Nihill P, Worley VP
The East African Court of Appeal held that a demolition-and-rebuild plan was a redevelopment scheme under Uganda rent control law and dismissed the tenants’ appeal.
Valji v Byramjee and Sons (Civil Appeal No. 7 of 1952) [1952] EACA 305 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 7 of 1952
Judge
Bourke J
The court held that the Rent Control Board exceeded its powers by making a conditional order for eviction dependent on the future provision of suitable alternative accommodation. The Board was required to determine at the hearing whether the statutory conditions for eviction were met, specifically whether suitable alternative accommodation was available and whether it was reasonable to order eviction. Since the landlord failed to show at the hearing that suitable alternative accommodation existed, the Board had no alternative but to dismiss the application. Furthermore, the landlord failed to…
Duale v Kapila (Civil Appeal No. 91 of 1952) [1952] EACA 316 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 91 of 1952
Judge
Windham J
The East African Court of Appeal held that a notice to quit was invalid without proof of the tenancy’s commencement date, making the eviction application premature.
Singh v Nathwani (Civil Appeal No. 758 of 1951) [1952] EACA 304 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 758 of 1951
Judge
De Lestang J
The court held that the appellant’s alleged trespasser status was not res judicata or estoppel, because it had only been incidental to earlier proceedings. The appeal was allowed and a retrial ordered.
Singh v Singh (Civil Appeal No. 836 of 1951) [1952] EACA 313 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 836 of 1951
Judge
Bourke J
An appellant who denied being a tenant before the Rent Control Board was estopped from later challenging the notice to quit on appeal. Appeal dismissed.
Nairobi Printing Press v Byramje (Civil Appeal No. 6 of 1952) [1952] EACA 136 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 6 of 1952
Judge
Nihill P, Windham J, Worley VP
The Court held that the appellant could not raise on appeal a point not challenged in the Supreme Court below, specifically the sufficiency of the notice to quit. The Board's finding that the occupiers received the notice was supported by evidence, and the notice was addressed to both the executors and the business, two of whom were partners and in occupation. The Court found no procedural irregularity amounting to a denial of natural justice, as the Board's proceedings were conducted with both parties represented and witnesses examined. The Court further held that the statutory ground for po…
Padamshi v Hirji (Civil Appeal No. 32 of 1951) [1952] EACA 15 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 32 of 1951
Judge
Hearne CJ, Nihill P, Worley VP
The Court of Appeal upheld an order for possession under rent control law, holding that the tenant’s admission of statutory tenancy could be relied on and that alternative accommodation was available.
Lalani v Paes (Civil Appeal No. 1080 of 1950) [1952] EACA 306 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 1080 of 1950
Judge
Bourke J
The court held the landlord’s possession claim was premature because the notice to quit had not expired when proceedings began, so no cause of action existed.
Marwaha v Kassam (Civil Appeal No. 1204 of 1950) [1951] EACA 112 (1 January 1951)
Court
East African Court of Appeal
Case number
Civil Appeal No. 1204 of 1950
Judge
Connell J
The court held that a notice to quit ending a monthly tenancy on the 1st of the month was invalid, and it also found procedural error in the rent board’s adjournment handling.