Wakilii

Zachary Buhaburwa v Abdelbassit Abuzaid and Another [2025] UGHC 1578

High Court · 2025 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, heard ex parte after defendants failed to file defence
Decision
Judgment entered for plaintiff with damages awarded for outstanding rent, restoration costs, and general damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that defendants who failed to pay rent arrears of UGX 17,000,000 and abandoned premises in uninhabitable state breached tenancy agreement. Court awarded outstanding rent, restoration costs of UGX 109,826,571, special damages of UGX 1,000,000, general damages of UGX 20,000,000, interest at 8% per annum on general damages from judgment, and costs. Tenant's covenant to yield premises in good and tenantable repair is fundamental term of tenancy agreement.

Outcome

Judgment entered for plaintiff with damages awarded for outstanding rent, restoration costs, and general damages

Facts

On 23 January 2019, plaintiff entered into four-year tenancy agreement with defendants for property at Plot 178, Semawata Road, Nakawa, Kampala at UGX 1,000,000 per month. Defendants paid UGX 12,000,000 upfront for first year and requested modifications to establish restaurant. Plaintiff granted two months rent-free period for renovations. Defendants demolished portions of residential house but abandoned renovations during COVID-19 lockdown. Defendants failed to pay subsequent rent despite waivers during pandemic, leaving arrears of UGX 17,000,000. Defendants vacated premises without restoring property to habitable condition as required by tenancy agreement, leaving property in dilapidated state requiring extensive restoration. Defendants failed to respond to plaintiff's notices, did not file defence, and did not attend proceedings.

Issues

  1. Whether the Defendants are liable for breach of contract.
  2. Whether the Defendants are indebted to the Plaintiff.
  3. What are the remedies available to the parties?

Orders

  • The Defendants are liable for breach of contract.
  • The Defendants shall pay the Plaintiff UGX 17,000,000 for outstanding rent.
  • The Defendants shall pay UGX 109,826,571 for restoration of the property.
  • The Defendants shall pay UGX 1,000,000 as special damages.
  • The Plaintiff is awarded general damages of UGX 20,000,000.
  • The Plaintiff is awarded interest at 8% per annum on general damages from the date of judgment until payment in full.
  • The Defendants shall pay the costs of the suit.

Rules and key headnotes

Contract Law — Breach of Contract — Definition and Elements
Breach of contract is the breaking of an obligation which a contract imposes, which confers a right of action for damages on the injured party. When one party fails to perform their obligation or performs in a manner that does not correspond with the agreement, that party is in breach and the innocent party is entitled to a remedy.
Land & Property — Landlord and Tenant — Tenant's Covenant to Restore Premises
A tenant's covenant to yield up premises at the end of the tenancy in good and tenantable repair and condition is a fundamental term of a tenancy agreement. Failure to restore premises that have been materially altered and left uninhabitable constitutes a fundamental breach entitling the landlord to damages for restoration costs.
Land & Property — Landlord and Tenant — Payment of Rent — Default
Where a tenant covenants to pay rent during the term of the tenancy at an agreed rate and in a stipulated manner, failure to pay rent in accordance with that covenant after proper notice constitutes breach of contract, even where the landlord has previously granted rent waivers during exceptional circumstances such as a pandemic lockdown.
Damages & Quantum — General Damages — Assessment in Breach of Contract
In assessing general damages for breach of contract, the court considers the value of the subject matter, the economic inconvenience suffered, and the nature and extent of the injury. General damages aim to restore the aggrieved person to the position they would have been in had the wrong not occurred.
Evidence — Expert Evidence — Weight of Evidence from Unregistered Professional
Evidence from an expert who is not registered in their professional capacity carries reduced weight, but may still be relied upon where corroborated by registered experts and independent observations such as a locus visit.

Legislation cited (6)

Cases cited (5)

  • Ronald Kasibante v Shell Uganda Ltd (High Court Civil Suit No. 542 of 2006)
  • Hadley v Baxendale (1854) 9 Exch 341
  • Robert Cuossens v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
  • Uganda Commercial Bank v Kigozi [2002] EA 305
  • Kinyera v Management Committee of Laroo Building Primary School (High Court Civil Suit No. 099 of 2013)

Full judgment

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

Zachary Buhaburwa v Abdelbassit Abuzaid and Another 2025 UGHC 1578 (20 October 2025)
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.