The Supreme Court held that a 1970 lease to a non-African company was void for lack of ministerial consent and that repossession under the Expropriated Properties Act could not validate it.
Victoria Tea Estates Limited v Bemba and Another (Civil Appeal 49 of 1996) [1998] UGCA 44 (27 April 1998)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 49 of 1996
Judge
Manyindo, DCJ, Engwau, JA, Twinomujuni, JA
The Court of Appeal held that the Expropriated Properties Act, 1982 applied to the suit property, which was expropriated by government in 1973. All prior dealings, including the lessor's purported re-entry for non-payment of rent, were nullified by the Act, and the property remained vested in government until dealt with under the Act. The certificate of repossession issued to the appellant by the Minister of Finance conferred legal rights to occupy the property, and the respondent's failure to challenge the certificate within the statutory period rendered it valid and effective. Consequently,…