Wakilii

Angopa Dennis & Anor v Atwongere Moses t a Best Associated Auctioneers (on behalf of Beatrice Kagere Kirumira) (Miscellaneous Application No. 2772 of 2013)

High Court · [2015] UGHCEBD 3 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside a general certificate of levy of distress for rent, arising from Execution Miscellaneous Cause No. 2153 of 2013
Decision
Certificate of levy of distress for rent set aside; parties directed to pursue pending suits to determine respective interests in the property

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a certificate of levy of distress for rent can only be issued where there is evidence of a landlord-tenant relationship and default in rent payment. Where the property owner herself states the occupants are trespassers, not tenants, and the certificate was issued against other persons not in possession, the certificate must be set aside. The court must investigate illegalities regardless of procedural objections. Proper remedy is civil action for eviction.

Outcome

Certificate of levy of distress for rent set aside; parties directed to pursue pending suits to determine respective interests in the property

Facts

The applicants claimed to be beneficiaries of their late father's estate, which included property at Kyaddondo Block 261 Plot 721. Two siblings allegedly fraudulently obtained letters of administration and sold the property to Beatrice Kagere Kirumira. An auctioneer acting for Kirumira evicted the applicants pursuant to a general certificate of levy of distress for rent issued in Miscellaneous Cause No. 2153 of 2013. The certificate named other persons, not the applicants, as those against whom distress was to be levied. Kirumira herself stated the applicants were illegal trespassers, not tenants, and had reported them to police for criminal trespass. The applicants had already commenced legal proceedings to revoke the grant of letters of administration and recover the property.

Issues

  1. Whether the applicants were affected by the general certificate of levy of distress for rent issued in Miscellaneous Cause No. 2153 of 2013.
  2. Whether the certificate of levy of distress for rent was properly issued where the persons named in the certificate were not in possession of the premises and no landlord-tenant relationship existed with the applicants.
  3. Whether the court should investigate allegations of illegality despite a preliminary objection on service.

Orders

  • Application allowed.
  • Certificate of levy of distress for rent issued in Miscellaneous Cause No. 2153 of 2013 set aside.
  • Preliminary objection on service overruled.
  • Costs of the application awarded to the applicants.

Rules and key headnotes

Distress for Rent — Prerequisites for Certificate of Levy
A certificate of levy of distress for rent can only be issued where there is clear evidence of a running landlord-tenant relationship and default in payment of rent by the tenant.
Distress for Rent — Improper Use Against Non-Tenants
Where the property owner herself states that occupants are illegal trespassers and not tenants, a certificate of levy of distress for rent cannot be used to evict such occupants; the proper remedy is a civil action for eviction.
Preliminary Objections — Court's Duty to Investigate Illegality
Where pleadings raise matters of illegality, the court must investigate such allegations whenever they are brought to its attention and must disregard procedural objections in doing so.
Distress for Rent — Certificate Directed Against Non-Possessors
A certificate of levy of distress for rent is improperly issued where it is directed against persons who are not in possession of the premises and the actual occupants are different persons not named in the certificate.

Legislation cited (5)

  • Civil Procedure Act s.98
  • Civil Procedure Rules O.52 r.1
  • Civil Procedure Rules O.52 r.2
  • Civil Procedure Rules O.52 r.3
  • Civil Procedure Rules O.52 r.9

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Angopa Dennis & Anor v Atwongere Moses t a Best Associated Auctioneers (on behalf of Beatrice Kagere Kirumira) (Miscellaneous Application No. 2772 of 2013) [2015] UGHCEBD 3 (24 February 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.