Wakilii

Din v Said (Civil Case No. 359 of 1950 (Mombasa))

East African Court of Appeal · [1951] EACA 335 · 1951 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of the Coast Rent Control Board granting vacant possession and arrears of rent to landlord
Decision
Order for possession upheld; tenant evicted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A lease for a fixed period determines automatically by effluxion of time without the necessity for notice to quit. A tenant who never personally occupied premises but sublet without the landlord's written consent in breach of sections 16(1)(i) and 28 of the Rent Restriction Ordinance cannot invoke the Ordinance's protection. The mere application for fixation of standard rent does not prevent an order for possession where multiple other grounds exist, including unlawful subletting and non-occupation. Appeal dismissed.

Outcome

Order for possession upheld; tenant evicted

Facts

The appellant tenant entered into two six-month lease agreements dated 11 January 1949 and 30 June 1949 for a shop and store at Sh. 80 per month, each paid in advance, with an option to renew that was not exercised. The agreements expired in December 1949. The tenant never personally occupied the premises but sublet to multiple persons (Said Mohamed, a barber, and Shadrack) without the landlord respondent's written consent, collecting rent from them. No rent was paid to the landlord from January 1950 onwards. The landlord agreed in January 1950 to let the tenant stay at Sh. 80 per month but no rent was paid. In February 1950 the landlord's advocate demanded arrears. In March and August 1950 the tenant's advocates demanded fixation of standard rent. On 19 April 1950 the landlord applied to the Rent Board for vacant possession on grounds of non-payment, lease expiry, and tenant not being in personal occupation. The Board assessed standard rent at Sh. 40 per month on 1 November 1950 and ordered ejectment on 4 November 1950.

Issues

  1. Whether a notice to quit was necessary to terminate a lease for a fixed period that had expired by effluxion of time.
  2. Whether a tenant who never occupied premises but sublet without written consent could invoke protection of the Rent Restriction Ordinance.
  3. Whether the landlord agreed to the creation of a new contractual tenancy after expiry of the original lease agreements.
  4. Whether an application for fixation of standard rent prevents a court from ordering possession where other grounds exist.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Landlord and Tenant — Termination of Lease — Fixed-Term Lease — Effluxion of Time
A lease of immoveable property for a fixed period determines automatically by effluxion of time at the end of that period without the necessity for notice to quit.
Rent Restriction — Subletting Without Consent — Breach of Statutory Provisions
Where a tenant sublets premises without the landlord's written consent in breach of sections 16(1)(i) and 28 of the Rent Restriction Ordinance, the tenant may be evicted under the Ordinance.
Rent Restriction — Personal Occupation — Protection of Ordinance
A tenant who is never in personal occupation of premises cannot invoke the protection of the Rent Restriction Ordinance.
Rent Restriction — Contractual Tenancy — Creation by Landlord's Acceptance of Rent
A new contractual tenancy is created only where the landlord accepts rent from a new sub-tenant and agrees to the creation of such tenancy; mere acceptance of rent without agreement to a new tenancy does not create one.
Rent Restriction — Application for Standard Rent — Effect on Possession Order
The mere fact that a tenant has applied for fixation of standard rent will not prevent the court from making an order for possession where there are other circumstances to be considered, including unlawful subletting and non-occupation.
Transfer of Property Act — Determination of Lease
Under section 111(a) of the Transfer of Property Act, a lease of immoveable property determines by efflux of the time limited thereby.

Legislation cited (3)

  • Rent Restriction Ordinance s.16(1)(i)
  • Rent Restriction Ordinance s.28
  • Transfer of Property Act s.111(a)

Cases cited (7)

  • Duxbury v Nourse (1947) C.L.Y. 2677
  • Reman v City of London Rent Property Co (1921) 1 KB 49
  • Morrison v Jacobs (1945) 2 AER 430
  • Dun Loghaire UDC v Morgan (1921) 2 IR 404 DC
  • Rhodes v Cornford (1947) 2 AER 603
  • Skinner v. Geary
  • Menzies and Mackay (1938) SC 74

Full judgment

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

Din v Said (Civil Case No. 359 of 1950 (Mombasa)) [1951] EACA 335 (1 January 1951)
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.