Question
In the Republic of Uganda, Bodaboda owns two separate pieces of land (plot A and B) as a tenant by occupancy on Walumbe's land. Bodaboda
In the Republic of Uganda, Bodaboda owns two separate pieces of land (plot A and B) as a tenant by occupancy on Walumbe's land. Bodaboda acquired these plots in 2000 and a sale agreement was executed between Bodaboda and Walumbe after which Bodaboda took possession. In 2002, Bodaboda tried to assign plot A to his brother Muddu but Walumbe refused to give consent contending that he only signed the agreement with Bodaboda and it is only Bodaboda and his children with the right to utilise the land. Bodaboda was unhappy with Walumbe's unreasonable arguments and he decided to sale plot A to Kagimu without walumbe's consent.Later in 2012, Bodaboda sought to apply for a certificate of occupancy for plot B and a notice of the application was served on Walumbe seeking his consent. Walumbe refused to grant consent saying that Dobaboda has not paid ground rent for the last one and a half years and further, he sold Plot A without Walumbe's consent and for that reason, his tenancy has been terminated with immediate effect.
Identify legal issues arising from the above facts and advise the parties. Statutory and case law authorities are important.
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