Leases and tenants

Sewanyana v Aliker (CIVIL APPEAL NO.4 OF 1990) [1991] UGSC 8 (27 February 1991);

Flynote: 

Search Summary: 

The appellant obtained a lease on the suit land while the
respondent’s lease on the land was subsisting. His action
against the respondent failed and he appealed contending
that the trial judge erroneosly found that the appellant’s title
was issued at the time when the defendant’s title was in
existence.

Headnote and Holding: 

The court considered whether the trial court erroneosly
cancelled the appellant’s title to the suit land. The court
held that the commission had no proprietary interest in the
suit property until the expiration of the respondent’s lease
and the appellant’s application for the lease was invalid
because the suit property which it applied for was not
available for leasing. The court was satisfied that the

appellant’s application for the lease made and approved
before the expiration of the respondent’s original lease. The
court accordingly concluded that the appellant’s title to the
suit property was not valid.

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