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Uganda decisions
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Rawal v Bullies Tanneries Ltd (Civil Appeal No. 18 of 1956) [1956] EACA 24 (1 January 1956)
The court dismissed a tenant’s appeal against vacant possession, holding there was no natural justice breach from a Board change and the tenant was estopped by his letter.
Jani and Another v Souza and Others (Civil Appeal No. 73 of 1955) [1956] EACA 37 (1 January 1956)
The East African Court of Appeal upheld compensation awarded to tenants after an ejectment order, holding that section 16(1)(k) allowed compensation without a new tenancy.
Premchand and Others v Gomes and Others (Civil Appeal No. 52 of 1953) [1956] EACA 6 (1 January 1956)
The court held that the Central Rent Control Board, as a body exercising judicial functions informally, may entertain applications brought by persons with authority from a society, even if not all trustees are joined. Under section 16(1)(i) of the Increase of Rent (Restriction) Ordinance, 1949, where part of premises is sublet after 1st December 1941 and the remainder was already sublet, the landlord is entitled to possession of the whole premises against both head-tenant and subtenants, subject to the Board's consideration of reasonableness. The Board is required to consider all relevant fac…
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Ram and Another v Fernandes (Civil Appeal No. 86 of 1955) [1956] EACA 38 (1 January 1956)
The court held that the Rent Control Board’s prior decision did not bind the magistrate on whether the premises were business or residential and remitted the case.
Singh v Pirbhai (Privy Council Appeal No. 8 of 1950 .) [1955] EACA 363 (1 January 1955)
The Privy Council held that the statutory scheme under the Increase of Rent and Mortgage Interest (Restrictions) Ordinance, 1940, creates two independent codes for dwelling-houses and business premises. In cases of 'mixed' premises, the dominant feature or user must be determined; double protection does not apply. The premises in question were structurally residential, and business use was ancillary. The respondent was estopped from claiming contractual tenancy by his solicitor's letter, and must be regarded as a statutory tenant. The landlord's current accommodation did not qualify as a 'dwe…
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Devraj v Patel (Civil Appeal No. 16 of 1955) [1955] EACA 143 (1 January 1955)
The court held that a rent control board did not lose jurisdiction when its composition changed mid-hearing, because the statutory quorum remained and no natural justice breach was shown.
Queen v Chairman and Members of the Central Rent Control Board; Ex Parte: Corbett Limited (Civil Proceeding No. 14 of 1955) [1955] EACA 137 (1 January 1955)
The Court held that the Rent Control Board acted within its jurisdiction in assessing the standard rent in 1948, and there was no denial of natural justice since the applicant was given an opportunity to provide information and participate in the process. The Board's procedure was consistent with the requirements for quasi-judicial tribunals, which are not obliged to hold oral hearings but must allow parties to correct or contradict prejudicial statements. The application for certiorari failed on the merits, as no error of law appeared on the face of the record, and the assessment was not sho…
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In Re: An Appeal by Mohamed Ibrahim; Ex Parte: Gulam Mustafa Litt (Civil Appeal No. 19 of 1953) [1955] EACA 157 (1 January 1955)
The court held that the right of a statutory tenant under the Increase of Rent (Restriction) Ordinance, 1949, is a strictly personal right that does not survive the tenant's death and cannot be transmitted to an administrator or executor. The statutory definition of 'tenant' does not confer succession rights on administrators; only a widow or family member residing with the deceased at the time of death may, by operation of law, be deemed a statutory tenant, but this is not a succession right and is contingent on actual residence and absence of an absolute order for possession. In this case,…
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Salim v Salim (Civil Appeal No. 60 of 1954) [1955] EACA 288 (1 January 1955)
The Court of Appeal held that the Rent Control Board had jurisdiction to order recovery of possession for breach of covenant in a lease containing a forfeiture clause, as conferred by the Increase of Rent (Restriction) Ordinance. The oral and documentary evidence established that the tenant had sub-let the premises without the landlord's written consent, in breach of the lease. The agreement produced was not a registrable lease but an agreement for a lease, and even if inadmissible, sufficient oral evidence of sub-letting existed. The Board and Supreme Court were entitled to accept this evide…
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Dias v Reinforcing Steel Co. Ltd (Civil Appeal No. 382 of 1952) [1953] EACA 31 (1 January 1953)
The court held that section 31 gave the Supreme Court concurrent jurisdiction with the Coast Rent Control Board, but the tenant’s counterclaim for damages failed.
