Wakilii

Bhimjiani v Uganda Theatres, Ltd (Civil Appeal No. 9 of 1945)

East African Court of Appeal · [1946] EACA 3 · 1946 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of H.M. High Court of Uganda concerning application of rent restriction legislation to furnished business premises
Decision
Appeal allowed; tenant entitled to protection of Rent Restriction Ordinance against eviction from furnished business premises

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Uganda Rent Restriction Ordinance applies to furnished business premises. Unlike the English Increase of Rent and Mortgage Interest (Restrictions) Act 1920, the Uganda Ordinance contains no express provision excluding furnished premises from its operation. The absence of machinery in section 7 for restricting landlord profit on furniture in business premises does not exclude such premises from the Ordinance's protection against eviction. A building does not cease to be business premises merely because it is furnished.

Outcome

Appeal allowed; tenant entitled to protection of Rent Restriction Ordinance against eviction from furnished business premises

Facts

The respondents owned a cinema building in Kampala which they leased to the appellant by agreement dated 17 August 1942. The lease included the building, bar rooms, and all fixtures, fittings, carpets, furniture, upholstery, theatrical machinery and effects. The lease ran from 17 August 1942 to 31 December 1943, with an option to renew for one year which was exercised, extending the term to 31 December 1944. When the respondents sought to resume occupation on 1 January 1945, the appellant claimed protection under the Uganda Rent Restriction Ordinance. The High Court held that the Ordinance did not apply to furnished business premises. The appellant appealed.

Issues

  1. Whether the Uganda Rent Restriction Ordinance, 1943 applies to furnished business premises.
  2. Whether the agreement between the parties created a landlord-tenant relationship or merely a licence.

Orders

  • Appeal allowed.
  • Judgment of the Chief Justice of Uganda set aside.
  • Costs awarded to the appellant.

Rules and key headnotes

Landlord and Tenant — Rent Restriction — Application to Furnished Business Premises
The Uganda Rent Restriction Ordinance applies to furnished business premises. The absence of express machinery in section 7 for restricting landlord profit on furniture in business premises does not exclude such premises from the Ordinance's protection against eviction under sections 6 and 8.
Statutory Interpretation — Comparison with English Legislation — Significance of Omitted Provisions
Where the Uganda Rent Restriction Ordinance omits an express exclusionary provision that appeared in the corresponding English legislation (the proviso to section 12(2) of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 excluding furnished premises), the omission is significant and indicates legislative intent to include furnished premises within the Ordinance's scope.
Landlord and Tenant — Nature of Premises — Effect of Furnishing
A dwelling-house does not cease to be a dwelling-house by reason of containing furniture, nor do business premises cease to be business premises by reason of containing furniture for business purposes. The character of premises as dwelling-house or business premises is not altered by whether they are furnished or unfurnished.
Landlord and Tenant — Lease versus Licence — Cinema Building with Equipment
An agreement for the letting of an entire cinema building including fixtures, fittings, furniture and theatrical equipment creates a tenancy and not a mere licence, notwithstanding the presence of unusual covenants, where the agreement contains the usual covenants expected in a lease and confers upon the landlord a right of re-entry on non-payment of rent or breach of covenant.

Legislation cited (8)

  • Uganda Rent Restriction Ordinance No. 8 of 1943 s.2
  • Uganda Rent Restriction Ordinance No. 8 of 1943 s.3
  • Uganda Rent Restriction Ordinance No. 8 of 1943 s.6
  • Uganda Rent Restriction Ordinance No. 8 of 1943 s.7
  • Uganda Rent Restriction Ordinance No. 8 of 1943 s.8
  • Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (England) s.9
  • Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (England) s.12(2)
  • Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (England) s.13

Cases cited (2)

  • Necchi v Cranchi (1921) 37 TLR 934
  • Daly v Edwards (1901) 83 LT 548

Full judgment

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

Bhimjiani v Uganda Theatres, Ltd (Civil Appeal No. 9 of 1945) [1946] EACA 3 (1 January 1946)
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.