Wakilii

Amin Virani v Hassan Kimbugwe (Civil Suit 972 of 2025)

High Court · [2026] UGCOMMC 242 · 2026 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of tenancy agreement. Defendant did not enter appearance; default judgment entered and matter set down for formal proof.
Decision
Judgment entered in favour of the plaintiff. Defendant ordered to pay outstanding rent with contractual interest, special damages, general damages, interest on damages at court rate, and costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the defendant breached a tenancy agreement by failing to pay five months' rent totalling USD 12,500 and abandoning the premises in a deplorable state. The court awarded the plaintiff USD 13,125 (outstanding rent plus contractual interest at 5% per month), special damages of UGX 9,004,000 for restoration costs, and general damages of UGX 30,000,000 for economic loss and inconvenience. Interest at court rate was awarded on special and general damages from judgment until payment in full.

Outcome

Judgment entered in favour of the plaintiff. Defendant ordered to pay outstanding rent with contractual interest, special damages, general damages, interest on damages at court rate, and costs.

Facts

On 18 October 2024, the plaintiff and defendant entered into a tenancy agreement for premises at Plot 19 Serunkuma Road, Mbuya, Kampala for eight months renewable. The defendant agreed to pay USD 2,500 per month, four months in advance, with 5% monthly interest on late payments. The defendant defaulted on rent for five months from 18 February 2025 to 17 June 2025, totalling USD 12,500. Despite demands from the plaintiff and his lawyers, the defendant refused to pay and vacated the premises without notice, leaving them in a deplorable state. The gate was broken, light fittings removed, the compound neglected with overgrown grass, the swimming pool dilapidated, drainage blocked, and servant quarters vandalized. The plaintiff incurred UGX 9,004,000 in restoration costs (UGX 7,000,000 for renovation and UGX 2,004,000 for supervision labour). The defendant did not enter appearance.

Issues

  1. Whether the defendant breached the tenancy agreement dated 10th October 2024 between himself and the plaintiff.
  2. What remedies are available to the parties?

Orders

  • The defendant breached the tenancy agreement dated 10th October 2024 between himself and the plaintiff.
  • The defendant shall pay to the plaintiff USD 13,125 being outstanding rent and agreed interest of 5% for each month of rent in default.
  • The plaintiff is awarded special damages of UGX 9,004,000.
  • The plaintiff is awarded general damages of UGX 30,000,000 for the anguish, inconvenience and economic loss occasioned by the defendant's actions.
  • The plaintiff is awarded interest on special and general damages at court rate per annum from the date of judgment till payment in full.
  • The plaintiff is awarded costs of the suit.

Rules and key headnotes

Contract Law — Breach of Contract — Definition and Elements
Breach of contract is the breaking of the obligation which a contract imposes, which confers a right of action for damages on the injured party. When one party to a contract fails to perform his or her obligation or performs it in a way that does not correspond with the agreement, the guilty party is in breach of the contract, and the innocent party is entitled to a remedy.
Damages & Quantum — Special Damages — Pleading and Proof
Special damages must be pleaded and proved. A plaintiff must specifically plead the heads of special damages claimed and adduce evidence to establish the quantum of loss on a balance of probabilities.
Damages & Quantum — General Damages — Assessment Principles
General damages are awarded at the discretion of the court, and the purpose is to restore the aggrieved person to the position they would have been in had the breach or wrong not occurred. In the assessment of general damages, the court should be guided by the value of the subject matter, the economic inconvenience that the plaintiff may have been put through, and the nature and extent of the injury suffered.
Contract Law — Tenancy Agreements — Contractual Interest on Rent Arrears
Where parties to a tenancy agreement have agreed on a default interest rate for late rent payments, the court will not award additional interest at court rate on rent arrears, as the contractual interest rate governs the parties' obligations.
Civil Procedure — Default Judgment — Costs
Successful parties to a suit are entitled to costs. Where a defendant fails to enter appearance and judgment is entered in default, the plaintiff is entitled to costs of the suit.

Cases cited (2)

  • Ronald Kasibante v Shell Uganda Ltd (HCCS No. 542 of 2006)
  • Uganda Commercial Bank v Kigozi [2002] 1 EA 305

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Amin Virani v Hassan Kimbugwe (Civil Suit 972 of 2025) [2026] UGCommC 242 (30 March 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.