Uganda Post Ltd T A Posta Uganda v Anne Magezi (Civil Application 172 of 2012)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal allowed the appeal, holding that a limited company landlord can lawfully distress for rent 'in person' through its duly authorised officer, and that a court bailiff may also act as an agent for that purpose without a court order. The court found the appellant lawfully distressed for rent through its Property Manager, who was present and signed the inventory. It rejected the trial judge's finding that an advocate's chambers' contents are privileged from distress, holding that goods attachable to recover rent are subject to distress. Having found the distress lawful, the court set aside the awards of general and aggravated damages and dismissed the counterclaim with costs.
Outcome
Appeal allowed; counterclaim dismissed with costs and awards of general and aggravated damages set aside
Facts
The appellant company was the registered proprietor of premises in Jinja Municipality which also housed the General Post Office. In 2000 the respondent's deceased, an advocate practising as Mwanja Magezi & Waibale, rented space there, with a formal tenancy agreement signed in January 2003. The tenant defaulted on rent for about eight months from January to August 2003, whereupon the appellant locked up the premises and demanded rent. In September 2003 the appellant sued for rent arrears; the respondent counterclaimed for damages for wrongful detention of property, trespass and resultant business loss. Judgment was eventually entered for the appellant for UGX 7,706,000 in rent arrears. The appellant's Property Manager, present in person, participated in locking the premises and signing an inventory of the tenant's property, which included a refrigerator, typewriter, file shelves, chairs, computers, books, files and furniture. The trial judge held the distress unlawful because the bailiff lacked a court order and that the advocate's chambers' contents were privileged, awarding the respondent general and aggravated damages.
Issues
- Whether the appellant's locking up of the premises and detention of the respondent's property amounted to unlawful distress and trespass.
- Whether a limited company landlord could lawfully distress for rent 'in person' through its officer or a court bailiff without a court order under section 2 of the Distress for Rent (Bailiffs) Act.
- Whether the movable property in an advocate's chambers was privileged and not subject to distress.
- Whether the respondent was entitled to general damages of UGX 65,000,000 and aggravated damages of UGX 32,500,000 for trespass.
Orders
- Appeal allowed.
- Judgment in respect of the counterclaim set aside and substituted with an order of dismissal with costs.
- The respondent shall pay the costs of the appeal.
Rules and key headnotes
Legislation cited (5)
- Distress for Rent (Bailiffs) Act (Cap 76) s.2
- Evidence Act s.91
- Evidence Act s.92
- Interpretation Act (Cap 3) s.2
- Rules of the Court of Appeal r.30(1)
Cases cited (7)
- Tumushabe v Anglo African Ltd (Civil Appeal No. 7 of 1999)
- Kanji Patel Vs Noor Essa & Anor (1965) E.A 484
- Kantiki Vs Wang'ombe (2005) 1 EA 107
- Begumisa v Tibebaga (Civil Appeal No. 17 of 2002)
- Diamond Trust Properties v Yoka Rubber Industries (Civil Appeal No. 57 of 2008)
- Lyons v. Elliot (1876) 1 QBD 210
- Clarke v. Millwall Company (1886) QBD 494
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.