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1 Jan 1956

Land And Property [1956] EACA 25

Singh and Another v African Diesel Mart Limited

Singh and Another v African Diesel Mart Limited (Civil Appeal No. 89 of 1955) [1956] EACA 25 (1 January 1956)

Court: East African Court of Appeal
Case number: Civil Appeal No. 89 of 1955
Judge: Connell J

The court held that the consent order filed with the Rent Control Board created enforceable rights for the respondent tenant, which survived the expiry of the Rent Restriction Ordinance. The expiration of the Ordinance did not extinguish accrued civil rights or deprive the magistrate of jurisdiction to enforce the order. The consent order was sufficiently certain as to the premises, term, and rent, and capable of execution as a lease agreement. The landlord, having benefited from the consent order, could not resile from its terms or challenge its enforceability. The magistrate, as an executin…

Source excerpt

Landlord Tenant Disputes
Consent Orders
Rent Restriction Legislation
Enforcement Of Decrees
Statutory Expiry Effects

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1 Jan 1946

Commercial And Corporate [1946] EACA 2

Virani v Singh and Another

Virani v Singh and Another (Civil Appeal No. 4 of 1945) [1946] EACA 2 (1 January 1946)

Court: East African Court of Appeal
Case number: Civil Appeal No. 4 of 1945
Judge: Gray CJ, Sheridan CJ, Whitley CJ

The Court of Appeal held that the sale agreement was not void for uncertainty, as its terms regarding vacant possession and compensation were clear and enforceable. The clause requiring payment of Sh. 70 per room per month for rooms not delivered as vacant did not create a tenancy but constituted liquidated damages for breach of the vendor's obligation to deliver vacant possession. The use of the word 'rent' was not determinative; the intention of the parties, as gathered from the agreement as a whole, was to provide compensation, not to establish a landlord-tenant relationship. The agreement…