Rubeihayo v Magoba (Miscellaneous Application 623 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that a Magistrate Grade One has jurisdiction to issue a certificate for distress for rent under the Distress for Rent (Bailiffs) Act s.1 regardless of the amount claimed, because jurisdiction for distress matters is conferred by that specific statute, not by the pecuniary limits in the Magistrates Court Act s.207. The court further held that distress applications proceed ex parte once the landlord proves the landlord-tenant relationship and unpaid rent, and that service on the tenant is not a prerequisite for issuing the certificate.
Outcome
Application for revision dismissed; decision of lower court affirmed.
Facts
The applicant and respondent entered into a tenancy agreement for seven years. The respondent claimed the applicant defaulted on rent, paying only UGX 19,000,000 of an agreed sum and failing to remit monthly arrears, leaving a balance of UGX 25,000,000. The respondent applied to Mengo Chief Magistrate's Court (Miscellaneous Cause No. 105 of 2021) for a certificate for distress for rent, which was granted by Magistrate Grade One Matovu Hood. The applicant applied to the High Court for revision, arguing the magistrate lacked pecuniary jurisdiction under Magistrates Court Act s.207, which limits Grade One magistrates to matters not exceeding UGX 20,000,000, and that he was not served with the distress application in violation of his right to be heard.
Issues
- Whether the Magistrate Grade One lacked pecuniary jurisdiction to entertain an application for distress for rent where the claimed rent arrears were UGX 25,000,000.
- Whether the learned magistrate granted the special certificate for distress and sale with material irregularities by failing to ensure proof of service on the applicant.
Orders
- The application is hereby dismissed.
- The ruling and orders in Miscellaneous Cause No. 105 of 2021 are upheld.
- No order as to costs based on the nature of this application for revision.
Rules and key headnotes
Legislation cited (9)
Cases cited (5)
- Makula International Ltd v His Eminence Cardinal Nsubuga (1982) HCB 11
- Blakes Tours and Travels Ltd v Crane Bank Ltd (Supreme Court Civil Appeal No. 71 of 2009)
- Desai v Warsaw (1967) EA 351
- Mabirizi Kiwanuka & Anor v Owere Franco & 3 Ors (Miscellaneous Application No. 2673 of 2014)
- Assist (U) Limited v Italian Asphalt and Haulage Limited & Tito Twijukye t/a Trust Master Agencies (High Court Civil Suit No. 1291 of 1999)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.