UGANDA, Kololo | Real Muloodi News | The High Court Judge Musa Ssekaana has ordered Stephen Banya to vacate the residential flats of Uganda Coffee Development Authority-UCDA at Kololo. Despite several notices sent to him, Banya had reportedly declined to vacate the premises.
According to evidence brought before the court, Banya made a renewable tenancy agreement with the plaintiff, Uganda Coffee Development Authority, on 13th October 2013 to occupy their residential flats A and B at plot 20, Elizabeth Avenue Kololo, for two years.
On 16th October 2017, Uganda Coffee Development Authority (UCDA) wrote to Banya informing him of the termination of the contract. They gave Banya three months as per terms of their tenancy agreement to vacate the flat, but Banya refused. For over four years, Banya stopped paying rent, causing losses for the organization.
According to Judge Ssekaana, since Banya, the defendant, never challenged the allegations, it is clear that the tenants’ agreement between the two ended legally.
”The court is also aware of the decision in Joy Tumushabe and another v.Anglo African Ltd and another, SCCA No. 7 of 1999; [1999] 2 EA 319. Where it was held that when tenants defy the landlord’s terms, and the landlord prefers to repossess or effect, a lawful act which the tenants continue to disregard. They become trespassers on the property concerned.” Mr Ssekaana read the ruling.
During the ruling, the Court ordered Banya to vacate the flat in 3 months from the judgment date. Refusal to leave after three months, an order of eviction will be issued automatically.
Additionally, the court ordered Banya to pay the plaintiff rent for the period he occupied the premises, up until he leaves the premises.
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