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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 1950

Land And Property [1950] EACA 85

Werrot and Company and Another v African Highland Timber Company and Others

Werrot and Company and Another v African Highland Timber Company and Others (Civil Appeal No. 99 of 1955) [1950] EACA 85 (1 January 1950)

Court: East African Court of Appeal
Case number: Civil Appeal No. 99 of 1955
Judge: Bacon, JA, Briggs, JA

On a true construction of the Increase of Rent (Restriction) Ordinance, it was never intended to destroy subsisting civil rights in connection with business premises when they ceased to be controlled. The expiration or repeal of the Ordinance as to business premises did not extinguish accrued rights or causes of action for recovery of excess rent paid under its provisions. The general rule, as established in Steavenson v. Oliver and affirmed in R. v. Wicks, is that expiration of a temporary statute does not abate rights acquired under it unless the statute expressly provides for such abatemen…