Amin v Mogo Loans SMC Limited (Civil Suit 77 of 2021) [2024] UGCommC 215 (28 June 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 77 of 2021
Judge
Mutesi, J
The High Court held that the tenant breached a commercial tenancy by terminating without proper notice and failing to return keys, but rent was awarded only for March 2020.
Banyenzaki T/a African pot Restuarant v Kibaaju (Civil Suit 278 of 2017) [2024] UGHCCD 28 (14 February 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit 278 of 2017
Judge
Boniface Wamala, J
The High Court found the landlord breached an ongoing tenancy by locking out the tenant without notice. The tenant won damages; the counterclaim failed.
Bukenya v Sajjad Butt (Civil Suit No. 58 of 2021) [2022] UGHCLD 223 (31 October 2022)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 58 of 2021
Judge
Basaza, J
The court found that although the COVID-19 lockdown made performance of the tenancy agreement burdensome for the Plaintiff, it did not render performance impossible or impracticable. The Plaintiff remained in occupation of the premises and did not accept the Defendant's offer of a waiver. The tenancy agreement lacked a force majeure clause, and the doctrine of frustration, as interpreted in Ugandan law and relevant case law, does not apply to leases except in exceedingly rare circumstances. The Plaintiff's obligation to pay rent was unconditional, and the Defendant's termination notice compli…
Pan African centre for strategic & International studies v Mandela International stadium Ltd (HCT-00-CC-MA 285 of 2007) [2007] UGCommC 48 (17 May 2007)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 285 of 2007
The High Court refused a temporary injunction in a tenancy dispute, finding the applicant had not shown a prima facie case or irreparable harm.
Ndeze v Nantale (Civil Suit 1007 of 1997) [1998] UGHC 33 (3 August 1998)
Court
High Court of Uganda
Case number
Civil Suit 1007 of 1997
Judge
Akiiki-Kiiza, J
The High Court found a breached rental arrangement for video premises, and awarded the plaintiff damages for lost equipment, lost income, interest, and costs.
Bokheriawala v Ismail (Civil Appeal No. 23 of 1952) [1952] EACA 108 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 23 of 1952
Judge
Hearne CJ, Nihill P, Worley VP
The Court of Appeal for Eastern Africa held that section 10(2)(f) did not require a separate three-month notice in addition to the notice needed to end the tenancy.
Mootasamy v Ahmed (Civil Appeal No. 7 of 147) [1947] EACA 84 (1 January 1947)
Court
East African Court of Appeal
Case number
Civil Appeal No. 7 of 147
Judge
Bourke J
The court held that in the absence of an express covenant prohibiting sub-letting, the tenant retained a common law right to sub-let the premises. Section 11(1)(h) of the Increase of Rent Ordinance, 1940, does not create a statutory prohibition or covenant against sub-letting where none exists in the tenancy agreement. The sub-letting in question was effected while the contractual tenancy was still in force and was therefore lawful. Upon termination of the head tenancy, the tenant lost protection under the Ordinance and could be evicted, but the sub-tenant, having been lawfully sub-let the pr…
Main v Ferguson (Civil Case No. 14 of 1941) [1942] EACA 3 (1 January 1942)
Court
East African Court of Appeal
Case number
Civil Case No. 14 of 1941
Judge
Thacker J
The court held that a rent-restrictions ordinance had not been applied to Mombasa, so the tenant could not rely on it to resist possession or rent claims.