Parul Kamalesh v Jinja District Land Board and Another (HCT-03-MC-CS 17 of 2023) [2023] UGHC 183 (8 December 2023)
Court
High Court of Uganda
Case number
HCT-03-MC-CS 17 of 2023
Judge
Nabisinde, J
The High Court at Jinja dismissed an application for relief from forfeiture over leased land, striking out the supporting affidavit as defective and finding lawful re-entry by the lessor.
Erukana Kuwe v Vashrambhai Damji Vadher (Civil Appeal 42 of 2000) [2001] UGCA 34 (21 September 2001)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 42 of 2000
Judge
Mpagi-Bahigeine, DCJ, Engwau, JA, Kitumba, JA
The Court of Appeal held that the trial Judge properly exercised her discretion in granting relief against forfeiture to the respondent. Although breaches of the lease were established, the respondent's inability to perform arose from supervening expropriation and repossession circumstances beyond his control. Section 27 of the Judicature Statute provides for relief against forfeiture for non-payment of rent, and where statutory law is silent, the High Court may resort to equity under Sections 16(2) and 35 of the Judicature Statute. The appellant's actions, including refusal to accept rent an…