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Uganda decisions
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Exim Bank Uganda Limited v Mpatanel Company Limited (Miscellaneous Cause No. 3 of 2021) [2022] UGHC 16 (25 October 2022)
The High Court dismissed Exim Bank’s application for possession and eviction, finding no cause of action against Mpatanel Company Limited over the mortgaged property.
Catherine Cliff v Ssempebwa (Miscellaneous Application 168 of 2016) [2016] UGCA 106 (24 August 2016)
The Court of Appeal granted an interim order preserving possession of a disputed leasehold property pending appeal and a related High Court suit.
Vyas v Souza (Civil Appeal No. 7 of 1954) [1954] EACA 120 (1 January 1954)
The court held that the Board's order postponing possession was not an order for stay of execution for the purpose of appeal as contemplated by rule 5 (1) of the Rules of Court. No application for stay had been made to or granted by the Board prior to the summons, and the subsequent application to the Board for stay was refused. The summons before the Supreme Court was therefore misconceived, as it sought an extension of a stay that did not exist. Furthermore, the application was not framed as a request to set aside the Board's refusal to grant a stay, as required under rule 5 (2). The court…
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Colonial Boot Company v Dinshaw Nyramje and Sons (Civil Appeal No. 1 of 1952) [1952] EACA 125 (1 January 1952)
The Court held that a new ground of appeal may only be entertained if it concerns the jurisdiction of the Board or a violation of natural justice. In this case, the appellant's counsel had not objected to the validity of the notice to quit at the appropriate stage, and the proceedings before the Board were conducted on the basis that the appellant was a statutory tenant. The Court found no evidence of procedural irregularity amounting to a denial of natural justice, as the Board's decision was certified by the Chairman as reflecting the consensus of all members, and the alleged informality di…
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Manilal and Company v Mombasa Land Development Company (Civil Case No. 76 of 1952 (Mombasa)) [1952] EACA 279 (1 January 1952)
The court set aside a possession order because standard rent had been fixed but not apportioned, so lawful rent was unclear and reasonableness had not been considered.
Wali and Another v Mohamed (Civil Appeals Nos. 58 and 59 of 1950) [1951] EACA 15 (1 January 1951)
The court set aside possession orders because the landlord had not proved a current reconstruction permit, a statutory precondition under the Aden Rent Restriction Ordinance.
Quresh v Ngara Provision Store and Others (Civil Appeal No. 69 of 1951) [1950] EACA 1 (1 January 1950)
The East African Court of Appeal dismissed a landlord’s challenge to rent board conditions requiring rebuilt shops to be relet on seven-year leases at assessed rents.
Singh v Singh (Civil Appeal No. 954 of 1949) [1950] EACA 45 (1 January 1950)
The East African Court of Appeal dismissed a rent-control appeal, holding that the Board acted quasi-judicially, could rely on sworn evidence, and was not shown to have erred in law.
Bains v Chogley (Civil Appeal No. 1 of 1949) [1949] EACA 6 (1 January 1949)
The Court of Appeal held that an unregistered lease could not prove landlord-tenant status, but rent payments created a tenancy. A bakery lease was deemed yearly, so notice to quit was required.
Sidikhan v Ahamed Bux (Civil Appeal No. 12 of 1944) [1945] EACA 3 (1 January 1945)
The Court of Appeal held that a possession order under the rent restrictions ordinance required a reasonableness finding, and set aside the vacant possession order.
