Wakilii

Ndeze Bugyendo v Nantale (CIVIL SUIT NO. 1007 OF 1997)

High Court · [1998] UGHC 35 · 1998 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract, proceedings ex-parte after defendant failed to enter appearance
Decision
Judgment entered in favour of plaintiff with damages, interest, and costs awarded.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an oral rental agreement existed between the parties for use of commercial premises at a monthly rent of UGX 120,000. The defendant breached the contract by unlawfully terminating access to the premises two days before the rental period expired. The plaintiff was entitled to damages for lost equipment valued at UGX 4,374,000, lost income for 17 days of closure at UGX 1,275,000, and general damages of UGX 120,000 representing one month's rent in lieu of notice, plus interest and costs.

Outcome

Judgment entered in favour of plaintiff with damages, interest, and costs awarded.

Facts

The plaintiff operated a video business in premises owned by the defendant, known as Arizona Night Club at Nyendo, Masaka District. The arrangement commenced in March 1995 with monthly rent of UGX 120,000 payable in advance. The plaintiff paid rent through multiple installments from March 1995 to 15 April 1997, evidenced by receipts issued by the defendant. Between March 1996 and April 1997, the defendant intermittently locked the premises, preventing the plaintiff from conducting business for a total of 17 days. On 13 April 1997, two days before the expiry of the rental period covered by the plaintiff's last payment, the defendant closed the premises, removed iron sheets, sent away the plaintiff's workers, and handed over some of the plaintiff's property to local authorities. The plaintiff lost equipment valued at UGX 4,374,000 and suffered loss of income during the days of closure. The defendant never entered appearance and the matter proceeded ex-parte.

Issues

  1. Whether there was a contract between the plaintiff and the defendant.
  2. Whether the contract was breached by the defendant.
  3. Whether the breach caused any loss to the plaintiff.
  4. What is the appropriate remedy.

Orders

  • Judgment entered for the plaintiff.
  • Defendant to pay UGX 4,374,000 as the cost of lost equipment or return the equipment itself.
  • Defendant to pay UGX 1,275,000 as lost income for 17 days.
  • Defendant to pay UGX 120,000 as general damages for breach of contract.
  • Interest at the usual court rate awarded from the date of judgment until payment in full.
  • Plaintiff awarded taxed costs.

Rules and key headnotes

Contract Law — Rental Agreements — Oral Contracts — Proof of Contract by Conduct and Receipts
An oral rental agreement may be proved by consistent conduct of the parties and documentary evidence such as receipts issued by the landlord acknowledging payment of rent, even in the absence of a written lease agreement.
Contract Law — Breach of Contract — Premature Termination — Landlord's Wrongful Eviction
Where a tenant has paid rent to a specified date, the landlord's closure of the premises and eviction of the tenant before that date constitutes an unwarranted and premature breach of contract.
Contract Law — Termination — Notice to Quit — Rental Agreements
In the absence of a written agreement stipulating a notice period, reasonable notice for termination of a rental agreement is one month where rent is paid on a monthly basis.
Damages & Quantum — Special Damages — Lost Property — Proof
Special damages for lost property must be specifically pleaded and proved. Where the defendant fails to testify and the plaintiff's evidence of the value of lost property is unchallenged, the court may accept that valuation.
Damages & Quantum — Lost Income — Business Interruption — Computation
Where a landlord's wrongful closure of business premises causes loss of income to a tenant, damages for lost income may be calculated by multiplying the average daily income by the number of days the business was interrupted, provided the plaintiff proves the daily income on a balance of probabilities.
Damages & Quantum — General Damages — Breach of Contract — Measure of Damages
General damages for breach of a rental contract may be measured by the value of one month's rent where the breach consists of failure to give reasonable notice of termination.
Civil Procedure — Ex Parte Proceedings — Formal Proof — Burden of Proof
In ex parte proceedings following interlocutory judgment, the plaintiff must still prove his case at formal proof on the balance of probabilities. Evidence adduced by one party alone is not necessarily the truth merely because it is unchallenged.

Cases cited (1)

  • George Brown Turyamureba v Attorney General [1992-1993] HCB 214

Full judgment

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

Ndeze Bugyendo v Nantale (CIVIL SUIT NO. 1007 OF 1997) [1998] UGHC 35 (1 August 1998)
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.