Kakande v Lwanyaga (Revision Cause 34 of 2021)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that a Magistrate Grade 1, as a certifying officer under the Distress for Rent Act, had jurisdiction to issue a distress for rent certificate regardless of the amount claimed. However, distress for rent cannot issue where ownership of the premises is disputed and no landlord-tenant relationship is proved. The trial magistrate acted with material irregularity by issuing the certificate when the respondent's ownership was under litigation and no clear tenancy with the applicant was established. The distress order was set aside.

Outcome

Special certificate for distress for rent set aside

Facts

The respondent obtained a special certificate for distress for rent from Mengo Chief Magistrates Court to recover UGX 40,500,000 in rent arrears from the applicant, who occupied premises at Mengo Kisenyi Block 12 Plot 385. The applicant maintained he was not the respondent's tenant but rather had a tenancy agreement with the late Lubega John Baptist, to whose estate he paid rent through the administrator Muwonge Ioannis. The applicant denied owing rent to the respondent. Separately, the respondent and the estate of Lubega had a pending land dispute in the High Court Land Division (Civil Suit No. 183 of 2015) over ownership of the premises. In Misc. Application No. 1706 of 2020, the High Court Land Division had on 4 June 2021 set aside a consent judgment the respondent relied on for ownership and issued a stay of all dealings on the property pending determination of the suit. The respondent obtained the distress certificate on 1 June 2021, before delivery of that ruling but while the application was pending. The applicant sought revision of the distress order.

Issues

1. Whether the trial Magistrate grade 1 exercised jurisdiction not vested in him by law and in so doing occasioned an injustice to the applicant.
2. Whether the trial court in exercising jurisdiction acted illegally or with material irregularity.
3. Whether the trial court deliberately failed to exercise jurisdiction vested in it in law and in so doing caused injustice to the applicant.

Orders

• The ruling and orders of special certificate for distress for rent issued by the trial Magistrate in Misc. Cause No. 69 of 2021 are hereby set aside.
• No order as to costs.

Rules and key headnotes

Legislation cited (8)

• Constitution of Uganda Article 28
• Civil Procedure Act s.83
• Civil Procedure Act s.98
• Judicature Act s.33
• Civil Procedure Rules Order 52 rr.1, 2 & 3
• Magistrates Courts Act 2007 s.207(1)(b)
• Distress for Rent (Bailiffs) Act Cap 76 s.1
• Distress for Rent (Bailiffs) Act Cap 76 s.2

Cases cited (7)

• Hectarage Partnership and Another v Kesiime Poly (Civil Appeal No. 41 of 2015)
• Owners of Motor Vessel Lillian Vs Caltex Oil Kenya Limited [1989] KLR 1
• Angopa Dennis and Another v Moses Atwongere T/A Best Association Auctioneers (Miscellaneous Application No. 2772 of 2013)
• Makula International Ltd Vs His Eminance Cardinal Nsubuga & another [1982] HCB 11
• Mabirizi Kiwanuka and Another v Owere Franco and 3 Others (Miscellaneous Application No. 2673 of 2014)
• Nyakiyumbu Growers Co-operative Society Ltd v Tembo K. Salongo (Revision Cause No. 01 of 2017)
• Desai vs. Warsaw (1967) EA 351

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