Uganda Coffee Development Authourity v Stephen Banya (Civil Suit No. 140 of 2018)

Observed later treatment

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.

Holding

Held that a tenancy agreement was validly terminated by notice where the landlord issued termination notices giving three months' notice as required by the agreement, and the tenant failed to object or vacate. The tenant's continued occupation without paying rent after termination made him a tenant at sufferance and subsequently a trespasser. The landlord was entitled to an order for vacant possession and recovery of rent for the period of unlawful occupation. The fact that the landlord continued to invoice the tenant after issuing termination notices did not create an implied periodic tenancy where the tenant did not pay rent and the landlord consistently sought possession.

Outcome

Defendant ordered to vacate within 3 months with automatic eviction order upon failure; rent arrears to be paid for period of unlawful occupation

Facts

The plaintiff landlord entered into a tenancy agreement dated 13 October 2013 with the defendant for residential flats A and B at Plot 20 Elizabeth Avenue, Kololo for a period of two years. The defendant had occupied the premises for 23 years under successive tenancy agreements. On 16 October 2017, the plaintiff issued a notice of termination effective 31 December 2017. The defendant refused to vacate. The plaintiff issued a further notice on 15 January 2018 requiring vacation by 31 January 2018. The defendant continued to occupy the premises without paying rent. The two-year term expired on 1 October 2015 and no formal written renewal was executed, though the landlord-tenant relationship continued. After the termination notices, the plaintiff continued to invoice the defendant for rent.

Issues

1. Whether or not the plaintiff has terminated the defendant's tenancy agreement.
2. What remedies are available to the parties.

Orders

• Declaration that the defendant's tenancy has since been terminated by notice.
• Order directing the defendant to vacate the suit flats within a period of 3 months from the date of judgment, with automatic eviction order upon failure or refusal to vacate.
• Order that the defendant pays rent to the plaintiff for the period of occupation till date of giving vacant possession.
• Costs of the suit awarded to the plaintiff.

Rules and key headnotes

Cases cited (4)

• Alexis Jubliee v Justice Samuel WW Wambuzi and Another (HCMA No. 923 of 2016)
• Walji v. Mount Cook Land Ltd [2002] 12 WLUK 628
• Joy Tumushabe and Another v Anglo African Ltd and Another (SCCA No. 7 of 1999)
• Peter Mburu Echaria and Another v Priscilla Njeri Echaria CACApp No. 149 of 1997(CAK)

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Red Stone Training Institute Limited v Sebugwawo (Miscellaneous Application 195 of 2024)
• Nyaika v Administrator General and 5 Others (Miscellaneous Application 51 of 2021)

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