Wakilii

Amin Virani v Hassan Kimbugwe [2026] UGCOMMC 242

High Court · 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 failed to enter appearance; default judgment entered and matter set down for formal proof.
Decision
Judgment entered in favour of the plaintiff with monetary awards and costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court Commercial Division found the defendant in breach of a tenancy agreement for failing to pay five months' rent totaling USD 12,500 and abandoning the premises in a deplorable state. The court awarded the plaintiff USD 13,125 being outstanding rent and contractual interest of 5% per month, special damages of UGX 9,004,000 for restoration costs, general damages of UGX 30,000,000 for economic loss and inconvenience, interest on damages at court rate, and costs.

Outcome

Judgment entered in favour of the plaintiff with monetary awards and costs.

Facts

On 18th October 2024, the plaintiff landlord and defendant tenant entered into an eight-month renewable tenancy agreement for premises at Plot 19 Serunkuma Road, Mbuya, Kampala. The monthly rent was USD 2,500 payable four months in advance. Late payments attracted 5% monthly interest. The defendant defaulted on rent from 18th February 2025 to 17th June 2025, totaling USD 12,500 in arrears. Despite demands from the plaintiff and his lawyers, the defendant refused payment and vacated the premises without notice, leaving them in deplorable condition. The gate was damaged, light fittings removed, grass overgrown, swimming pool dilapidated, drainage blocked, and servant quarters vandalized with blackened walls and damaged toilets. The plaintiff incurred UGX 9,004,000 in restoration costs. 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

  • Declaration that the defendant breached the tenancy agreement dated 10th October 2024.
  • Defendant to pay plaintiff USD 13,125 being outstanding rent and agreed interest of 5% for each month of rent in default.
  • Plaintiff awarded special damages of UGX 9,004,000.
  • Plaintiff awarded general damages of UGX 30,000,000 for anguish, inconvenience and economic loss.
  • Plaintiff awarded interest on special and general damages at court rate per annum from date of judgment till payment in full.
  • Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Breach of Contract — Tenancy Agreements — Failure to Pay Rent
When a tenant fails to pay rent as stipulated in a tenancy agreement and abandons the premises without notice, the tenant is in breach of contract, entitling the landlord to pursue remedies for the breach.
Contractual Interest — Default Interest Rates
Where parties have agreed to a specific default interest rate in their contract, the court will enforce that contractual rate rather than impose court rate interest on the principal debt.
Special Damages — Proof Requirements
Special damages must be specifically pleaded and strictly proved. Evidence must demonstrate both the nature of the damage and the actual costs incurred or to be incurred in remedying it.
General Damages — Assessment Criteria
In assessing general damages for breach of contract, the court considers the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the injury, with the aim of restoring the aggrieved party to the position they would have been in had the breach not occurred.

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

↓ Download PDF

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

Amin Virani v Hassan Kimbugwe 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.