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Distress for Rent (Bailiffs) Act

Ordinance 8 of 1933 Current version · as at 31 December 2023

An Act relating to the appointment of bailiffs for the purposes of distress for rent.

Enacted1933
Commenced30 June 1933
Last amended28 July 2023Act 17 of 2023
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act relating to the appointment of bailiffs for the purposes of distress for rent.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Amendments

1 amending instrument
  1. 28 July 2023 Law Revision (Miscellaneous Amendments) Act, 2023 Act 17 of 2023

Full text of the Act

0 parts · 6 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Distress for Rent (Bailiffs) Act

Commenced on 30 June 1933

[This is the version of this document at 31 December 2023.]

An Act relating to the appointment of bailiffs for the purposes of distress for rent.

Interpretation

In this Act "bailiff" means a bailiff for the purpose of distress for rent;

"certifying officer" means a chief magistrate and a magistrate grade I;

"currency point" has the value assigned to it in the Schedule to this Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act "bailiff" means a bailiff for the purpose of distress for rent;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. "certifying officer" means a chief magistrate and a magistrate grade I;
  2. "currency point" has the value assigned to it in the Schedule to this Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Appointment of bailiffs under certificate of certifying officer

No person, other than a landlord in person, his or her attorney or the legal owner of a reversion, shall act as bailiff to levy any distress for rent unless he or she shall be authorised to act as bailiff by a certificate in writing under the hand of a certifying officer, and such certificate may be general or apply to a particular distress or distresses

Section analysis 2 source-matched judicial passages Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appointment of bailiffs under certificate of certifying officer”.

“No person, other than a landlord in person, his or her attorney or the legal owner of a reversion, shall act as bailiff to levy any distress for rent unless he or she shall be authorised to act as bailiff by a certificate in writing under the hand of a certifying officer, and such certificate may be general or apply to a particular distress or distresses”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. No person, other than a landlord in person, his or her attorney or the legal owner of a reversion, shall act as bailiff to levy any distress for rent unless he or she shall be authorised to act as bailiff by a certificate in writing under the hand of a certifying officer, and such certificate may be general or apply to a particular distress or distresses
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

7
Appellate court — binding on lower courts ✓ Source matched
The crux of issue No.1 is that the 1st respondent acted without a licence/warrant from Court. Section 2 of the Distress for Rent (Bailiffs) Act (cap 76) (Laws of Uganda 20 2000) provides: "No person, other than a landlord in person, his or her attorney or the legal owner of a reversion, shall act as bailiff to levy any distress for rent unless he or she shall be authorised to act as bailiff by a certificate in writing 25 under the hand of a certifying officer, and such certificate may be general or apply to a particular distress or distresses."
F.K.Motors (U) Ltd v Kabu auctioneers and court bailiffs & Anor (Civil Appeal No. 92 of 2003.) [2005] UGCA 3 (21 November 2005)
[2005] UGCA 3 · Court of Appeal · 2005-11-21

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched
The other contention by the applicant is that he was never served with the distress application which violated his right to be heard. According to Section 2 of the Distress for Rent (Bailiffs) Act. "No person other than a landlord in person or his or her attorney or the legal owner of a reversion shall act as a Bailiff to levy any distress for rent unless he or she shall be authorized to act as Bailiff by a certificate in writing of a certifying officer and such certificate may be general or apply to a particular distress or distresses." See the case of Assist (U) Limited Vs Italian Asphalt and Haulage Limited & Tito Twijukye t/a trust Master Agencies HCCS No.
Rubeihayo v Magoba (Miscellaneous Application 623 of 2021) [2024] UGHCCD 91 (31 May 2024)
[2024] UGHCCD 91 · High Court · 2024-05-31

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power of cancellation, etc. of certificate

A certificate so granted may at any time be cancelled or declared void by a certifying officer

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power of cancellation, etc. of certificate”.

“A certificate so granted may at any time be cancelled or declared void by a certifying officer”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A certificate so granted may at any time be cancelled or declared void by a certifying officer
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Penalty for acting without certificate

A person, required by this Act to hold a certificate as a bailiff, who levies distress for rent without being the holder of a certificate, is, without prejudice to any civil liability, liable to a fine not exceeding one hundred currency points

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Penalty for acting without certificate”.

“A person, required by this Act to hold a certificate as a bailiff, who levies distress for rent without being the holder of a certificate, is, without prejudice to any civil liability, liable to a fine not exceeding one hundred currency points”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Penalty for acting without certificate”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power to make rules

The Minister may, on the advice of the Chief Justice, make rules (a) regulating conditions for the appointment of, and the duration of certificates granted, to bailiffs;

(b)

regulating the security, if any, to be required from bailiffs and the fees, if any, payable by them;

(c)

regulating the fees, charges and expenses of bailiffs in and incidental to distress;

(d)

generally for better carrying out the purposes and provisions of this Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to make rules”.

“The Minister may, on the advice of the Chief Justice, make rules (a) regulating conditions for the appointment of, and the duration of certificates granted, to bailiffs;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) regulating the security, if any, to be required from bailiffs and the fees, if any, payable by them;
  2. (c) regulating the fees, charges and expenses of bailiffs in and incidental to distress;
  3. (d) generally for better carrying out the purposes and provisions of this Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power to amend Schedule

The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1 , 6 )

Currency point A currency point is equivalent to twenty thousand shillings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedule”.

“The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 6)”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 6)
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 1 · Interpretation
Amendment notes

No section-specific note is recorded. Act-level consolidation history:

  • [Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.