Leases and tenants

Butera Vs Mutalemwa (CIVIL APPEAL NO. 0114 OF 2013) [2017] UGCA 47 (20 November 2017);


Search Summary: 

The respondent sued the appellant in the chief magistrate’s court for rent arrears and vacant possession of
the suit premises, the appellant dissatisfied with the trial magistrates orders brought an appeal which
partly succeeded in respect of special damages and hence this appeal against other orders of the first
appellate court.

Headnote and Holding: 

The court being second appellate court in the matter observed its role and stated that the court was require
re-evaluate whether the first appellate court had performed its role of re-evaluating the evidence.
The court observed that there was a tenancy agreement entered into by the parties which created a
contractual relationship enforceable and that the appellant had breached the agreement by non-payment
of rent to the respondent.
The court observed that general damages are as such the law would presume to be the direct consequence
or as the law will presume from the act complained of and the court held that the default in rent by the
appellant caused and inconvenience to the respondent.
The appeal was dismissed for lack of merit.


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