Butera Vs Mutalemwa (Civil Appeal No. 0114 of 2013) [2017] UGCA 47 (20 November 2017)

Flynote

Property Law|Leases and tenants|Tenancy

Case summary

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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