THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT, CAP 230

&

THE CONTRACTS ACT, 2010

TENANCY AGREEMENT

BETWEEN

……………………………. :::::::::::: LANDLORD

AND

……………………. ::::::::::::::::::::::::::::::::: TENANT

THIS AGREEMENT made this …….. day of …………..……………..2018.

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 BETWEEN

………………………………..of P. O. Box ……………………………

(hereinafter called "the Landlord" which expression shall where the context so
admits include his successors, legal representatives and assignees) of the ONE
PART,

and

…………………………of P. O. Box……, ………………(hereinafter called "the

Tenant" which expression shall where the context so admits include his
successors, legal representatives and assignees in title) of the OTHER PART.

WHEREAS:

(i) The Landlord is the proprietor and the legal owner of the premises
situated at Plot 28 Sironko Road, Senior Quarters, mbale
Municipality sironko District and is desirous of renting the said
property to the tenant for purposes of operating a secondary school.

(ii) The Tenant has represented to the Landlord that he has the capacity
to operate a secondary school.

(iii) The Tenant desires to rent the said premises and the parties have by
this agreement agreed that the Tenant takes the premises for use as
educational facilities in accordance with the terms and conditions
of this agreement.

NOW THIS AGREEMENT WITNESSETH as follows:-

1. The Landlord shall let and the Tenant shall take on rent the premises
comprised in Plot 28 Erute Road Senior Quarters Lira Municipality for a
period of ten (10) years effective on the 1st day of January, 2019 to 1st
January, 2029 provided that the rent payable has been paid, with an
option to review and renew the tenancy thereafter upon consent of both
parties.

2. Subject to clause 4 below, the rent shall be Ug shs 30,000,000/- (Thirty

Million Shillings Only) per year payable in advance and in three (3) equal
instalments of Ugx 10,000,000/- each within one month from the

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 commencement of every school term by cash deposit or bank draft to the
Landlord vide the following details:-

Beneficiary Name: Okwenye Aria Anthony

Bank: DFCU A/C 01063000193416

3. The Tenant shall at the date of signing this tenancy agreement pay a sum
of Ugx 3,000,000/- (Three Million Shillings Only) as a deposit on the
rent agreed which sum the Landlord acknowledges receipt hereof by
signing this agreement and upon which the Tenant shall take possession of
the premises to enable him prepare for the school term.

4. The rent agreed upon in clause 2 above shall be revised by the Landlord
after four (4) years from the commencement of this tenancy agreement,
i.e., on or before 1st January, 2023 and thereafter after every two (years)
until the termination of the tenancy.

5. The rent reserved above, unless otherwise provided excludes all utilities
such as water, electricity, telephone services and all other outgoings.

6. For purposes of this agreement, a ‘school term’ means each of the three
academic terms in a year specified by the Uganda Ministry of Education
from time to time.

7. THE TENANT HEREBY COVENANTS WITH THE LANDLORD

as follows:-

(a) To pay the said rent on the day and in the manner aforesaid.

(b) To use the said premises as educational facilities for Top Star
Senior Secondary School.

(c) To pay for electricity, water and other charges in respect of the
demised premises for the duration of the tenancy and to provide
copies of the receipts to the Landlord or his authorised agent.

(d) Not to assign, sublet, charge or otherwise dispose of the demised

premises or any part thereof without the consent in writing of the
Landlord.

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 (e) To meet any licensing, operational expenses, tax and statutory
obligations related to the operation of a school.

(f) To keep the landlord's fixtures found in the rooms, in good and
decorative tenantable repair as they were found, reasonable wear
and tear is accepted.

(g) Upon prior notification being given to it, the Tenant shall allow the
Landlord and/or his duly authorised representatives to inspect the
premises for the purposes of ascertaining that the demised
premises are in good and tenantable repair.

(h) At all times to keep the demised premises and all the surrounding
in tenantable, tidy and clean condition.

(i) Not to use the said premises other than for educational facility.

(j) Not to do or suffer to be done any damage to the demised

premises.

(k) Not to construct or erect any building, structure or otherwise on the

premises without the express written consent of the Landlord.

(l) Notwithstanding any provision herein contained relating to

obtaining consents and undertaking any procedures, to engage the
professional services of qualified personnel in undertaking any
such works or dealings in/with the demised premises.

(m) Not without previous written consent of the Landlord, which will
not be unreasonably withheld, to make or suffer to be done any
alteration, addition or otherwise to the demised premises or suffer
to be removed any partition, doors cupboards or any fixtures
and/or fittings whatsoever that may be contained therein or add or
suffer to be added any fixtures or fittings therein and not to maim
or injure any of the floors, walls, timbers or roofs thereof and not
to alter or interfere with any plumbing or any electrical installation
system.

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 (n) IT IS HEREBY FURTHER AGREED AND DECLARED that
the Tenant shall, upon the determination of this tenancy, remedy
any and all damage to the demised premises occasioned by itself
under this agreement the same being undertaken by a professional
personnel under the supervision of the Landlord and/or his agents.

(o) TO YIELD UP the demised premises at the expiration or sooner

determination of the term hereby created in such good and
substantial repair and as shall be in accordance with the Landlord's
covenants hereinbefore contained and with all doors, window
panes, Landlord's fixtures, keys and fastening complete and return
the premises to the state of good decoration which prevailed at the
commencement of the tenancy, reasonable wear and tear excepted.

AND IT IS HEREBY AGREED AND DECLARED that upon any

breach by the tenant of any of the foregoing provisions of this clause it
shall be lawful for the landlord to give a 30 days’ notice for settling right
any short comings and still if the breach continues then the landlord shall
have the right to re-enter upon the premises without notice and thereupon
the term hereby created shall determine absolutely.

8. THE LANDLORD HEREBY COVENANTS WITH THE TENANT

as follows: -

The Landlord hereby covenants with the Tenant as follows:

a) The Landlord hereby covenant that he has good title to the

premises;

b) To pay all existing and future rates and ground rent including
municipal rates in respect of the premises excluding taxes,
assessments or rates arising as a result of the tenants use of the
premises for the operation of the school.

9. PROVIDED ALWAYS AND IT IS HEREBY MUTUALLY AGREED

as follows: -

(a) It is hereby declared that each of the Tenant's covenants herein

contained shall remain in full force both at law and in equity
notwithstanding that the Landlord shall have waived or released
temporarily or permanently revocably or irrevocably or otherwise

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 any such covenant or covenants or a similar covenant or covenants
affecting other adjoining or neighbouring premises for the time being
belonging to the Landlord;

(b) Notwithstanding anything herein contained the Landlord shall not be

liable to the Tenant nor shall the Tenant have any claim against the
Landlord in respect of any interruption in any of the services of
electricity and water by reason of mechanical or other defect or
breakdown or conditions or unavoidable shortage of power, water, or
labour.

c) If the rent or any part thereof shall be in arrears for the space of
Thirty (30) days after the date whereon the same falls due whether
legally demanded or not or if there shall be any of the covenants or
conditions hereinbefore contained and on her part to be performed
THEN and in any such case it shall be lawful for the Landlord to re-
enter upon the demised premises and terminate the tenancy if the
same remains unaddressed even after a period of 30 days’ notice and
without prejudice to any other rights or otherwise to the landlord;

d) Either party may terminate the tenancy agreement upon duly serving
upon the other party a three [3] months’ written notice PROVIDED
that in the event that the Landlord terminates this agreement by
giving the requisite notice to the tenant prior to the expiry of the
period for which rent has already been paid, then the residual
balance of the rent after the notice period shall fall due and be repaid
by the Landlord, to the Tenant before vacation.

e) In the event of the premises being totally destroyed by civil orders,

wars, acts of enemies, national strikes, floods, acts of God or by any
other cause to such extent that the same are untenantable this
agreement shall be treated as having came to an end.

f) Neither party shall have any liability under or be deemed to be in

breach of this agreement for any delays or failures in performance of
this agreement which result from circumstances beyond the
reasonable control of that party which shall include but not be
limited to, strikes, lockouts, fire, explosions, floods, riots civil
commotion, wars, acts of God or any cause beyond a party’s
reasonable control. The party affected by such circumstance shall
promptly notify the other party in writing when such circumstances
cause a delay or failure in performance and when they cease to do
so. If such circumstances continue for a continuous period of more

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 than six month, either party may terminate this agreement by written
notice to the other party.

g) If any provision of this agreement is invalid or unenforceable for any

reason whatsoever, such invalidity or unenforceability will not affect
validity or enforceability of any or all of the remaining provisions of
this agreement which will continue in full force and affect and be
construed as if this agreement had been executed without the invalid
or un enforceable provisions.

h) This agreement may only be amended in writing signed by duly

authorized representatives of the lessees and the lessors.

i) This agreement contains the whole agreement between the parties

and supersedes and replaces any prior written or oral agreements,
representations or understandings between them. The parties confirm
that they have not entered into this agreement on the basis of any
representation that is not expressly incorporated into this agreement.
Nothing in this agreement excludes liability for fraud.

j) No failure or delay by either party in exercising any right, power or

privilege under this agreement shall impair the same or operate as a
waiver of the same of the same nor shall any single or partial
exercise of any right, power or privilege preclude any further
exercise of the same or the exercise of any other right, power or
privilege. The rights and remedies provided in this agreement are
cumulative and not exclusive of any rights and remedies provided by
law.

k) That if any dispute shall arise between the parties herein as to any
matter touching the rights, duties and liabilities of lessees or lessors
or otherwise in any way relating to or arising out of this agreement
such dispute shall be referred to arbitration in accordance with and
subject to the provisions of the Arbitration and Conciliation Act and
any statutory modification thereof.

l) The validity, construction and performance of this agreement shall

be governed by Ugandan law and shall be subject to the jurisdiction
of the Ugandan courts.

IN WITNESS WHEREOF the parties hereto have set their respective hands on
the day, month and year first above written.

SIGNED by the said:

-----------------------------

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 LANDLORD

In the presence of:

-----------------------------
WITNESS

SIGNED by the Said:

----------------------------
TENANT

In the presence of:

-----------------------------
WITNESS

Prepared by:-
WEERE SHAFIC Lawyer
LLB IUIU LDC ,
P.O.Box 1567 MBALE.
Tel 0775837488/0705113868.

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