Lawrence magesa t/a Joseph pharmacy vs Fatuma Omari and another, Civil Appeal no 333 of 2019.

This case provides for An Tenant Who Unlawful Stays in the Leased Premises After Expiry of Lease Has No Right to Claim any Compensation from the Forceful Eviction.

“We once again agree with the learned advocate for the
respondents that since it was proved that the appellant
was a trespasser, she had no right to benefit from her
wrongful act.

At worst, the appellant assumed the risk arising from her unlawful occupation in the premises. Just as she was not entitled to any notice before evictionf she
had no right to claim any compensation from the
forceful eviction.” [Emphasis added].

Similarly, in the case at hand, it is our considered view that, since
from 2nd February, 2015 the appellant was in illegal occupation and a trespasser in the first respondent’s premises, his criticism against the
learned Judge’s finding on this matter is, with respect, without any justification.

As such, we find the first and fifth grounds devoid of merits.
Likewise, we are increasing of the view that, having been in unlawful occupation of the demised premises after expiry of his lease, the appellant can not claim for compersation.