THE REPUBLIC OF UGANDA

IN THE CHIEF MAGISTRATES COURT OF NAKAWA AT KIRA

AND
IN THE MATTER OF THE DISTRESS FOR RENT (BAILIFFS) ACT CAP 76
AND
THE DISTRESS FOR RENT (BAILIFFS) RULES SI 76-1
MISC CAUSE NO.____________2020.

KIMBOWA ANDREW:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT

VERSUS
GATSINZI VICTOR:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT

NOTICE OF MOTION
Under Section 2 of the Distress for Rent (Bailiffs Act) Cap 76 and Rules 3(2) of the Distress for Rent
(Bailiff’s) Rules S.I.76-1 52, Rule 1 & 3 CPR.
TAKE NOTICE, that this Honourable court shall be moved on the …………..day of ……………………..2020
at …………… O’clock in the fore/afternoon or soon thereafter as the applicant can be heard on an order to
be granted that;
a) The applicant be granted a special certificate to levy distress for rent and recover UGX.
1,600,000/= (Uganda Shillings One Million Six Hundred Thousand Shillings only) against the
respondent’s property.
b) That the respondent be evicted from the applicant’s property/premises located at Busibante
Village, Najeera 2, Wakiso District.
c) The distrained property be sold forthwith by public auction.
d) Costs of this application be provided for.

TAKE FURTHER NOTICE that, this application is based n the grounds set out in the affidavit of the
applicant hereto attached but briefly are that:
1. The Applicant is the rightful owner of the property and premises at Busibante, Najeera 2, wakiso
District.
 2. That applicant engaged the services of Southend Properties Limited as his agents to manage the
aforementioned property on his behalf.
3. That the Respondent entered into a tenancy agreement for rent with the said agents of the
applicant in respect of the said premises wherein the agreed to rent the premises at a rent of Ugx.
300,000/= per month.
4. The Respondent has however defaulted on the above rent to a tune of UGX 1,600,000/= (Uganda
Shillings One Million Six Hundred Thousand).
5. Efforts to recover the outstanding rental arrears for 5 months now standing at Ugx. 1,600,000/= as
of the 30th day of October 2020.
6. That despite the numerous remainders by the applicant’s agents in both oral and written form, the
respondent has deliberately refused to pay and heed to the demands.
7. That the applicant’s agents have on several occasions written to the respondent to pay the total
amount and/or vacate the premises but all in vain.
8. That if an order to levy distress for rent and that of vacant possession are not granted, the
applicant shall continue to suffer unnecessary financial loss.
9. That it is in the interests of substantive justice that a special certificate to levy distress for rent and
vacant possession be granted against the Respondent.

Dated at Kampala this ___________day of _______________2020.

_______________________________
COUNSEL FOR THE APPLICANT
GIVEN under my hand and seal of this _________day of _________________2020.

______________________________
MAGISTRATE
DRAWN & FILED BY:
Messrs Bbaale & Partners Advocates & Legal Consultants,
Colline House Building, Plot 4 Pilkington Road,
P.O. Box 26906,
KAMPALA.

BS/LR