Joseph Mutayoba v. Marealle Civ. Rev. 1-D-70; 15/4/70 Georges, C. J.

Joseph Mutayoba v. Marealle Civ. Rev. 1-D-70; 15/4/70 Georges, C. J.

The claim was for vacant possession of certain premises and damages for their wrongful occupation at the rate of Shs. 550/- a month from 3^rd October, 1968 until deliver of possession. The defendant claimed that he was a protected tenant under the Rent Restriction Act. The resident Magistrate after having heard the plaintiff concluded that property valued at more than Shs. 28,000/- was in disposition collaterally. He ordered that the case be “withdrawn from the Resident Magistrate’s Court and filed in the proper court.”

            Held (1) “The order is misconceived. Section 35(c) of the Magistrates’ Courts Act Cap. 537 state that the jurisdiction of a District Court shall be limited – ‘in proceedings for the recovery of possession of immovable property to proceedings where the value of the property does not exceed two hundred thousand shillings’. The property here does not exceed that value. The claim for damages will not exceed Shs. 20,000/- unless the determination of the case is inordinately delayed.” (2) “Even if the matter is not treated as a Rent Restriction case (when the Court has jurisdiction whatever may be the value of the property – see Rent Restriction (Amendment) (No. 2) Act. Section 10) the Court would have jurisdiction to hear it as an ordinary action for the recovery of property.” (3) “In exercise of the power of revision the Magistrate’s order dated 10^th December, 1969 is quashed and he is directed to proceed speedily with the hearing and determination of the case”.