Tenant awarded Shs125m for illegal eviction

A tenant at Mabirizi Plaza, who was evicted from her shop and her stock confiscated for failure to pay rent, has won a court case with damages of Shs125m with interest.

Ms Sophie Nakitende sued Mabu Commodities Limited, a company that owns Mabirizi Plaza, after it evicted her and seized her stock for non-payment of Shs1m monthly rent in January 2016.

In a judgment delivered on May 15, Justice Musa Ssekaana said it was illegal to evict and seize the stock, thereby awarding her Shs50m as general damages and Shs74.6m for the confiscated property.
Mabu Commodities Limited will also pay Ms Nakitende for the suit costs and counter-claims made against her.
“Special damages shall attract an interest of 15 per cent from the date of filing the suit. General damages shall attract interest of 10 per cent from the date of this judgment,” Justice Ssekaana said.

Argument
The company had alleged that Ms Nakitende defaulted on her rent on December 15, 2015, which amounted to breach of contract thus evicting her in the presence of a local council official.

The court ruled that it is illegal to evict Ms Nakitende, a tenant, without following the Distress for Rent (Bailiffs) Act.

“The landlord should not be allowed to use all means available to recover rent or obtain vacant possession for non-payment rent by a tenant. A landlord should not exercise his rights of re-entry or recovery of rent extra-judicially and acts of hooliganism should not be encouraged or allowed by a court of justice,” the ruling reads in part.

“In addition, the act of the defendant seizing the property of the plaintiff was also illegal since there was no agreement that if she defaults on the rent payments, the defendant would be allowed to close the shop and attach/seize the property,” the judge added.

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