The applicant brought this application under the provisions encapsulated under Section 2 of the Distress for rent (Bailiffs’) Act formerly cap 76, now cap 286, rule 3(2)of the Distress for rent (Bailiffs) rules SI 78-1, Section 29(1),(2) of the Landlord –tenant Act, 2022 and O.52 rr. 1&2 CPR seeking orders that:
a) the applicant to be granted a special certificate to levy distress for rent and recover UGX. 6,750,000/= .
b) the distrained property of the respondent be sold by public auction.
c) the respondent be evicted from the applicant’s premises/property situate at Tank Road, Kateki cell, Hospital ward, Pallisa Town council, Pallisa District.
d) Costs of the application.
Facts in brief:
The application is supported by with two affidavits, both deposed by the applicant, one undated and another deposed on the 30th May, 2025.
It’s the applicant’s assertion that he is the rightful owner of registered property comprised in Freehold Register volume TOR 131 Folio 14 and known as Plot 1, Tank Road at Kinomu 1 located on Tank road, Kateki cell, Hospital ward, Pallisa Town council, Pallisa District having been registered on 17th May, 2024 vide instrument no. TOR-00005353.
In proof thereof, the applicant attached a copy of the certificate of title as annexure “A” to his supplementary affidavit deposed on the 30th May, 2025.
It is the applicant’s evidence that he has been personally managing the said property, upon which he entered an oral tenancy agreement with the respondent in October, 2023 at a monthly rental fee of UGX.450,000/= and that for over 14 months, the same remains unpaid despite both oral and written demands.
I have perused the entire record and haven’t seen any reply filed by the respondent in opposition thereto whereas there is an affidavit of service stating that the respondent was dully served.
FULL JUDGEMENT
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