Wakilii

Kyomukama v Katushabe (CIVIL APPEAL NO. 61 OF 2018)

High Court · [2020] UGHCCD 72 · 2020 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Chief Magistrate's Court judgment in Civil Suit No. 577 of 2016
Decision
Appeal dismissed with costs; trial court judgment upheld including awards of special damages of UGX 1,440,000 and general damages of UGX 10,000,000

Observed later treatment

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Holding

The High Court dismissed the appeal and upheld the trial court's finding that an oral tenancy agreement existed between appellant and respondent, established by receipts issued by the appellant acknowledging rent payments. The court held that oral contracts are enforceable under Contract Act s.10(2) and that the 25 currency point writing requirement under s.10(5) did not apply where monthly rent was UGX 500,000. The appellant was estopped from denying the tenancy having received rent and issued receipts. The unlawful closure of the premises and detention of the respondent's goods justified the awards of special and general damages.

Outcome

Appeal dismissed with costs; trial court judgment upheld including awards of special damages of UGX 1,440,000 and general damages of UGX 10,000,000

Facts

The respondent rented business premises from the appellant following an introduction by a previous tenant, Perez Kashekyebwa. The parties agreed on monthly rent of UGX 500,000. The respondent paid UGX 800,000 for two months' rent and later UGX 1,000,000 for two further months, for which the appellant issued receipts through her son. After two months of occupation, the appellant closed the business premises without a court order, locking the respondent's properties inside including perishable goods. Some properties were given to the second defendant and others were lost. The respondent sued for trespass, detinue, conversion, damages and return of properties. The Chief Magistrate's Court at Nakawa found in favour of the respondent and awarded special damages of UGX 1,440,000 and general damages of UGX 10,000,000. The appellant appealed.

Issues

  1. Whether the trial magistrate erred in finding that an oral tenancy agreement existed between the appellant and respondent.
  2. Whether a tenancy agreement exceeding 25 currency points must be in writing under the Contract Act 2010 to be enforceable.
  3. Whether the appellant lawfully closed the respondent's business premises.
  4. Whether the trial magistrate properly evaluated the evidence on record.
  5. Whether the award of special damages of UGX 1,440,000 was proved.
  6. Whether the award of general damages of UGX 10,000,000 was excessive or based on wrong principles.

Orders

  • Appeal dismissed.
  • Judgment and orders of the trial court upheld.
  • Costs of the appeal awarded to the respondent.

Rules and key headnotes

Contract Law — Formation — Oral Contracts — Enforceability
An oral contract is enforceable under Contract Act 2010 s.10(2), which provides that a contract may be oral, written, partly oral and partly written, or implied from the conduct of the parties.
Contract Law — Writing Requirement — Currency Points Threshold — Monthly Rent Calculation
The requirement under Contract Act 2010 s.10(5) that contracts exceeding 25 currency points be in writing does not apply where the monthly rent is UGX 500,000, even if paid in a lump sum for several months in advance, because the monthly rent amount does not exceed 25 currency points (UGX 500,000).
Landlord and Tenant — Tenancy Agreement — Proof — Conduct and Receipts
A tenancy agreement may be established by receipts issued by a landlord acknowledging rent payments and by the conduct of the parties, such that a landlord who receives rent and issues receipts cannot deny the existence of a landlord-tenant relationship on the ground that no formal written agreement exists.
Evidence — Estoppel — Conduct Creating Belief — Denial Precluded
Under Evidence Act Cap 6 s.144, where a person by conduct has intentionally caused or permitted another to believe a thing to be true and to act upon that belief, that person is estopped from denying the truth of that thing in any subsequent suit or proceeding.
Landlord and Tenant — Recovery of Possession — Self-Help Prohibited
A landlord may not lawfully close business premises and lock up a tenant's properties without a court order, even where the landlord alleges default in rent payment; such closure constitutes unlawful trespass, detinue and conversion.
Damages — General Damages — Appellate Interference — Discretion of Trial Court
An appellate court will not interfere with a trial court's award of general damages unless the trial court acted on wrong principles or the amount awarded is manifestly excessive or manifestly too low such that misapplication of principle is inferred.

Legislation cited (4)

Cases cited (9)

  • Barclays Bank of Uganda Ltd v Gamuli Tukahirwa (Court of Appeal Civil Appeal No. 08 of 2016)
  • Nabagala Anitah v Drake Lubega (High Court Civil Suit No. 383 of 2017)
  • Rolltex International Forex Bureau Ltd v Haba Group (U) Ltd (High Court Civil Suit No. 219 of 2012)
  • Kyamabadde vs. Mpigi District Administration (1983) HCB 44
  • Omunyokol vs. Attorney General [2012] HCB Vol. I 55 at p. 56
  • James Fredrick Nsubuga v Attorney General (High Court Civil Suit No. 13 of 1993)
  • Uganda Commercial Band v. Kigozi [2002] 1 EA. 305
  • Charles Acire v Myaana Engola (High Court Civil Suit No. 143 of 1993)
  • Kibimba Rice Ltd v Umar Salim (Supreme Court Civil Appeal No. 17 of 1992)

Full judgment

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

Kyomukama v Katushabe (CIVIL APPEAL NO. 61 OF 2018) [2020] UGHCCD 72 (29 April 2020)
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.