Wakilii

Kironde v Phrase Technical Services Limited & Another (Civil Suit 166 of 2022)

High Court · [2022] UGCOMMC 189 · 2022 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, recovery of rent arrears, eviction order, and damages — heard ex parte following defendants' failure to file defence
Decision
Judgment entered for the plaintiff against the first defendant; no order made against the second defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the first defendant breached the tenancy agreement by defaulting on rental payments, failing to pay utility bills, and subletting without the landlord's consent. The court awarded special damages of UGX 57,280,000 for outstanding rent arrears, general damages of UGX 10,000,000 for breach of contract, interest at 20% per annum on rent arrears from filing date until full payment, and court rate interest on general damages. No cause of action was established against the second defendant who had no contractual relationship with the plaintiff.

Outcome

Judgment entered for the plaintiff against the first defendant; no order made against the second defendant

Facts

The plaintiff owned property at Block 244 Plot 8288 Land at Kisugu, Kampala. On 1 November 2019, the first defendant took possession without payment or signed agreement. On 18 March 2020, the plaintiff's attorney executed a one-year tenancy agreement with the first defendant at monthly rent of USD 800 payable quarterly in advance. The first defendant allowed the second defendant onto the premises without consent and repeatedly defaulted on rent, issuing bounced cheques. After a police complaint for distress, the defendants agreed to vacate by 31 December 2021 and pay arrears per an agreed schedule but failed to comply. On 24 June 2022, the defendants vacated with rent arrears of UGX 55,500,000, outstanding utility bills, and the premises in disrepair. Defendants were served but did not file defence, leading to ex parte proceedings.

Issues

  1. Whether there is breach of the tenancy agreement/contract by the Defendants?
  2. Whether the Defendants are indebted to the plaintiff in the sum of UGX 50,280,000?
  3. What remedies are available to the plaintiff?

Orders

  • The 1st defendant to pay the plaintiff UGX 57,280,000 being outstanding rent arrears.
  • Interest of 20% per annum on UGX 57,280,000 from date of filing suit until payment in full.
  • General damages of UGX 10,000,000 awarded to the plaintiff.
  • Interest on general damages at court rate from date of judgment until payment in full.
  • Costs of the suit to the plaintiff.

Rules and key headnotes

Breach of Contract — Landlord and Tenant — Definition and Consequences
Breach of contract is the breaking of an obligation which a contract imposes, conferring a right of action for damages on the injured party and entitling the injured party to treat the contract as discharged if the other party renounces the contract, makes performance impossible, or substantially fails to perform their promise.
Tenancy Agreements — Payment of Rent — Effect of Non-Payment
Whether called a tenancy agreement or lease, rent as contracted must be paid, and non-payment is a serious default sufficient to trigger re-entry or other remedies for breach of the tenancy contract.
Landlord and Tenant — Subletting — Requirement for Landlord's Consent
A tenant's subletting of premises or allowing a third party to take possession without the landlord's consent constitutes a breach of the tenancy agreement where the agreement prohibits such conduct.
Special Damages — Requirement for Pleading and Proof
Special damages must be specifically pleaded and proved. A party cannot introduce new figures for special damages in submissions that were never pleaded in the plaint, as this amounts to amending prayers without leave of court.
General Damages — Assessment — Factors to Consider
In assessing general damages for breach of contract, courts are guided by the value of the subject matter, the economic inconvenience suffered by the aggrieved party, and the nature and extent of the breach or injury suffered.
Privity of Contract — Liability of Third Parties — Absence of Contractual Relationship
Where a defendant has no contractual relationship with the plaintiff and no trespass is pleaded, no cause of action is established against that defendant even if they occupied the plaintiff's property through arrangement with the contracting party.

Legislation cited (5)

Cases cited (4)

  • Yoswa Kityo v Eriya Kaddu [1982] HCB 58
  • Ronald Kasibante v Shell Uganda Ltd (HCCS No. 542 of 2006)
  • Erukana Kuwe v Damji Vader (SCCA No. 2 of 2002)
  • 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.

Kironde v Phrase Technical Services Limited & Another (Civil Suit 166 of 2022) [2022] UGCommC 189 (30 November 2022)
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.