Wakilii

Jane Nankya Kawesa v William Kabali & Ors (Miscellaneous Cause No. 91 of 2005) (Miscellaneous Cause No. 91 of 2005)

High Court · [2006] UGHC 62 · 2006 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for relief against forfeiture of sub-lease under Judicature Act s.25(4) following eviction pursuant to Chief Magistrate's Court judgment
Decision
Application for relief against forfeiture dismissed

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

Relief against forfeiture under Judicature Act s.25(4) was refused where the landlord had sold the property to a bona fide third party purchaser after eviction. The court held that granting relief would adversely affect the third party's rights and the landlord no longer had capacity to accept rent, as the parties had altered their positions.

Outcome

Application for relief against forfeiture dismissed

Facts

The applicant was tenant under a sub-lease over LRV 490 Folio 2 plots 102 and 104 at Kabowa. The first to third respondents, administrators of the deceased lessor's estate, sued her in Mengo Chief Magistrate's Court Civil Suit 99/2003 for recovery of property and rent arrears. Judgment was delivered on 11 March 2005 ordering the applicant to hand over the property and pay 900,000 shillings arrears. The applicant was evicted on 24 May 2005. On 11 June 2005, within six months of execution, the first to third respondents sold the property to the fourth respondent. The applicant then sought relief against forfeiture under Judicature Act s.25(4), arguing that the lessor could not deal with the property within six months of execution.

Issues

  1. Whether the applicant is entitled to relief against forfeiture under Judicature Act s.25(4) where the lessor sold the property to a third party within six months of execution of the judgment.
  2. Whether relief against forfeiture can be granted where the landlord has transferred the property to a third party after re-entry and taking possession.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Relief Against Forfeiture — Exercise of Discretion — Sale to Third Party
Relief against forfeiture is a discretionary remedy which the court will refuse where granting it would adversely affect the rights of bona fide third party purchasers who acquired the property after re-entry and before the application was determined.
Relief Against Forfeiture — Alteration of Positions
Relief against forfeiture cannot be granted where the parties have altered their positions, such as where the landlord has sold the property to a third party after re-entry, rendering the landlord incapable of accepting rent from the former tenant.
Judicature Act s.25(4) — Six Month Period — Transfer to Third Parties
Section 25(4) of the Judicature Act does not prevent a landlord from transferring interests in property to third parties within six months of execution of a judgment for recovery of leased premises, though such transfer may affect the tenant's ability to obtain relief against forfeiture.

Legislation cited (1)

  • Judicature Act Cap.13 s.25(4)

Cases cited (3)

  • In the Matter of Christopher Godfrey Kiwanuka Musisi & Another (Miscellaneous Cause No. 87 of 1971)
  • Mukasa Lubanga & Others v Combined Building Company Co (Civil Suit No. 45 of 1994)
  • Gomba Marines & Contractors Ltd v Margaret Kiwana (Miscellaneous Application No. 131B of 1993)

Full judgment

↓ Download PDF

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

Jane Nankya Kawesa v William Kabali & Ors (Miscellaneous Cause No. 91 of 2005) (Miscellaneous Cause No. 91 of 2005) [2006] UGHC 62 (21 April 2006)
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.