Uganda Case Law

Uganda Coffee Development Authourity v Stephen Banya

Uganda Coffee Development Authourity v Stephen Banya (Civil Suit No. 140 of 2018) [2021] UGHCCD 69 (7 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 140 of 2018

Judge

Musa Ssekaana, J

The court found that the tenancy agreement between the parties allowed for termination by three months' written notice. The plaintiff issued valid notices of termination, which were not contested by the defendant. The defendant's continued occupation after the expiry of the notice period, without payment of rent and against the plaintiff's will, rendered him a tenant at sufferance and ultimately a trespasser. The court rejected the defendant's argument of an implied periodic tenancy, holding that the conduct of the plaintiff in issuing termination notices and seeking vacant possession was con…

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• Tenancy Termination
• Landlord Tenant Disputes
• Notice Of Termination
• Trespass
• Eviction Procedure

National Housing & Construction v T.N Bukenya

National Housing & Construction v T.N Bukenya (Civil Appeal No. 02 of 2009) [2012] UGHC 30 (23 February 2012)

Court

High Court of Uganda

Case number

Civil Appeal No. 02 of 2009

Judge

Mwangusya, J

The High Court found that the respondent breached the tenancy agreement by subletting the premises without the appellant's consent, as evidenced by unchallenged testimony from defense witnesses who paid rent to the respondent's attorney. The court held that the trial magistrate erred in finding the termination unlawful, as the appellant was entitled to terminate the tenancy for breach, regardless of whether the operative agreement was from 1988 or 2006. The respondent, having breached the agreement, could not claim protection or entitlement to purchase the property under condominium law. The…

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• Tenancy Termination
• Subletting Breach
• Condominium Purchase Rights
• Magistrate Pecuniary Jurisdiction
• Injunctive Relief
• Damages And Interest

Pathak v Trustees of Tayebi Club

Pathak v Trustees of Tayebi Club (Civil Cas&No. 62 of 1952 (Mombasa)) [1952] EACA 284 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Cas&No. 62 of 1952 (Mombasa)

Judge

Connell J

The court held that before the Rent Board can make an ejectment order against an occupier, it must be satisfied that the original tenant or her representative has been brought on record and that the original contractual tenancy was properly terminated, either by notice to quit, cesser of the lease, forfeiture followed by entry of the landlord, or re-entry if the tenant is dead and the premises are left vacant. The court found that Mani ben Kanji, the original tenant, or her representative, was not joined in the proceedings before the Rent Board, and thus the Board lacked jurisdiction to make…

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• Tenancy Termination
• Rent Restriction
• Ejectment Orders
• Joinder Of Parties

Singh v Nathwani

Singh v Nathwani (Civil Appeal No. 758 of 1951) [1952] EACA 304 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 758 of 1951

Judge

De Lestang J

The court held that the appellant’s alleged trespasser status was not res judicata or estoppel, because it had only been incidental to earlier proceedings. The appeal was allowed and a retrial ordered.

• Res Judicata
• Estoppel
• Tenancy Termination
• Notice To Quit
• Jurisdiction Of Tribunals
• Res-judicata

Lalani v Paes

Lalani v Paes (Civil Appeal No. 1080 of 1950) [1952] EACA 306 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 1080 of 1950

Judge

Bourke J

The court held the landlord’s possession claim was premature because the notice to quit had not expired when proceedings began, so no cause of action existed.

• Tenancy Termination
• Notice To Quit
• Rent Control
• Eviction Proceedings
• Notice-to-quit
• Tenancy-termination