Uganda Case Law

Grace Wango v Jane Ssewagudde (Trading as Kazo Summit Primary School)

Grace Wango v Jane Ssewagudde (Trading as Kazo Summit Primary School) (Civil Suit 2316 of 2016) [2022] UGHCLD 314 (10 November 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 2316 of 2016

Judge

Kawesa, J

The Defendant was not a trespasser on the suit land. Although the original tenancy agreement expired, the Defendant's continued occupation did not amount to trespass, as there was no evidence of adverse acts against the title of the rightful owner. The Plaintiff, having received rental payments under the 2013 agreement, is estopped from challenging its validity and cannot claim the Defendant's occupation was unlawful. The tenancy agreement of 5th March 2013 is valid and binding, and there was no breach proven. The Plaintiff failed to establish trespass or breach on the balance of probabilitie…

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• Trespass To Land
• Tenancy Agreements
• Doctrine Of Approbation And Reprobation
• Burden Of Proof
• Statutory Tenancy
• Remedies In Land Disputes

Nanji and Another v Nandhra

Nanji and Another v Nandhra (Civil Suit No. 729 of 1955) [1956] EACA 30 (1 January 1956)

Court

East African Court of Appeal

Case number

Civil Suit No. 729 of 1955

Judge

Rudd J

The court held that the defendant’s tenancy was not protected by the Shops and Hotels Ordinance and awarded mesne profits for wrongful occupation.

• Statutory Tenancy
• Mesne Profits
• Res Judicata
• Landlord And Tenant Disputes
• Mesne-profits
• Statutory-tenancy

Rawal v Bullies Tanneries Ltd

Rawal v Bullies Tanneries Ltd (Civil Appeal No. 18 of 1956) [1956] EACA 24 (1 January 1956)

Court

East African Court of Appeal

Case number

Civil Appeal No. 18 of 1956

Judge

Edmonds J

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.

• Rent Control
• Statutory Tenancy
• Natural Justice
• Board Composition
• Vacant Possession
• Rent-control

Jetha v Chhagan and Others

Jetha v Chhagan and Others (Civil Appeal No. 38 of 1955) [1955] EACA 312 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 38 of 1955

Judge

Lowe, J. (Tanganyika), Nihill P, Worley VP

The Court of Appeal held that a building erected under a building lease became part of the tenancy, and the dispute fell within Tanganyika rent restriction law.

• Building Lease
• Rent Restriction
• Statutory Tenancy
• Business Premises
• Jurisdiction
• Implied Covenant

Singh v Pirbhai (Privy Council Appeal No. 8 of 1950 .)

Singh v Pirbhai (Privy Council Appeal No. 8 of 1950 .) [1955] EACA 363 (1 January 1955)

Court

East African Court of Appeal

Case number

Privy Council Appeal No. 8 of 1950 .

Judges

Lord Normand, Lord Oaksey, Lord Radcliffe

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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• Rent Control
• Statutory Tenancy
• Mixed Use Premises
• Alternative Accommodation
• Estoppel
• Landlord And Tenant

Uganda Ration Stores and Others v Bandali and Others1

Uganda Ration Stores and Others v Bandali and Others1 (Civil Appeal No. 80 of 1954) [1955] EACA 304 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 80 of 1954

Judges

Griffin C.J. (Uganda), Nihill P, Worley VP

The East African Court of Appeal held that a demolition-and-rebuild plan was a redevelopment scheme under Uganda rent control law and dismissed the tenants’ appeal.

• Landlord And Tenant
• Statutory Tenancy
• Rent Restriction
• Redevelopment Scheme
• Notice To Quit
• Landlord-and-tenant

Trustees of the Rahimtulla Waljee Hirjee Charitable Trust v Mayer and Others

Trustees of the Rahimtulla Waljee Hirjee Charitable Trust v Mayer and Others (Civil Appeal No. 19 of 1954) [1955] EACA 136 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 19 of 1954

Judge

Briggs, JA, Sir Enoch Jenkins, JA, Worley VP

The Court of Appeal held that structural-repair covenants were not binding on statutory tenants where inconsistent with section 28 of the Ordinance.

• Statutory Tenancy
• Repairing Covenants
• Structural Repairs
• Rent Restriction
• Landlord Obligations
• Statutory-tenancy

In Re: An Appeal by Mohamed Ibrahim; Ex Parte: Gulam Mustafa Litt

In Re: An Appeal by Mohamed Ibrahim; Ex Parte: Gulam Mustafa Litt (Civil Appeal No. 19 of 1953) [1955] EACA 157 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 19 of 1953

Judge

CRAM, Ag. J

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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• Statutory Tenancy
• Succession Rights
• Abatement Of Appeal
• Rent Control
• Personal Rights Of Tenant

Virdee v Braganza and Others

Virdee v Braganza and Others (Civil Appeal No. 882 of 1951) [1952] EACA 299 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 882 of 1951

Judge

De Lestang J

The court held that the tenant had not abandoned possession of the premises, because evidence showed an intention to return and continued occupation through family members and retained furniture.

• Landlord And Tenant
• Abandonment Of Possession
• Rent Control
• Statutory Tenancy
• Occupation Requirements
• Landlord-tenant

Manilal and Company v Mombasa Land Development Company

Manilal and Company v Mombasa Land Development Company (Civil Case No. 76 of 1952 (Mombasa)) [1952] EACA 279 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Case No. 76 of 1952 (Mombasa)

Judge

Connell J

The court set aside a possession order because standard rent had been fixed but not apportioned, so lawful rent was unclear and reasonableness had not been considered.

• Rent Apportionment
• Standard Rent Determination
• Possession Orders
• Reasonableness Requirement
• Statutory Tenancy
• Rent-apportionment