[1936] EACA 94

[1936] EACA 94

The Court of Appeal held that the Law of Distress Amendment Act, 1888, is applicable in Tanganyika, but the Lord Chancellor's Rules requiring certified bailiffs are not, as no such rules have been made locally. Therefore, there is no requirement for a certified bailiff in Tanganyika, and a landlord may distrain and sell through an agent who is not an infant. The tenant's consent or acquiescence, even if given under a mistaken belief about the law, does not affect the legality of the distress and sale, as mistake of law does not vitiate consent. The proceedings were in accordance with the law, and the respondent's claim of wrongful conversion fails. On limitation, the suit is governed by...

Citation
[1936] EACA 94
Parties
Appellant: Karimjee Jivanjee & Co.; Respondent: The Official Receiver of the Government of Tanganyika, Trustee of the Property of Gordon McDiarmid (deceased) the Bankrupt
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1936
Case Number
C.A. 9/1936.
Procedural Posture
Civil Appeal / Appeal From High Court of Tanganyika
Outcome
appeal allowed; decree of High Court reversed
Judges
Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ
Legal Topics
Distress for Rent, Conversion of Chattels, Limitation Periods, Application of English Law, Agency in Landlord Tenant, Mistake of Law
Source Language
English
Land and Property Civil Procedure Distress for Rent Conversion of Chattels Limitation Periods Application of English Law Agency in Landlord Tenant Mistake of Law

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Parties

Karimjee Jivanjee & Co.

Appellant

The Official Receiver of the Government of Tanganyika, Trustee of the Property of Gordon McDiarmid (deceased) the Bankrupt

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court of Tanganyika

Legal Issues

  1. 1 Whether the Law of Distress Amendment Act, 1888, and the Lord Chancellor's Rules apply in Tanganyika Territory.
  2. 2 Whether a landlord may distrain for rent and sell property through an agent who is not a certified bailiff.
  3. 3 Whether the tenant's acquiescence or consent, given under a mistake of law, vitiates the distress and sale.

Ratio Decidendi

The Court of Appeal held that the Law of Distress Amendment Act, 1888, is applicable in Tanganyika, but the Lord Chancellor's Rules requiring certified bailiffs are not, as no such rules have been made locally. Therefore, there is no requirement for a certified bailiff in Tanganyika, and a landlord may distrain and sell through an agent who is not an infant. The tenant's consent or acquiescence, even if given under a mistaken belief about the law, does not affect the legality of the distress and sale, as mistake of law does not vitiate consent. The proceedings were in accordance with the law, and the respondent's claim of wrongful conversion fails. On limitation, the suit is governed by...

Court Disposition

appeal allowed; decree of High Court reversed

Orders

  • The appeal is allowed.
  • The decree of the High Court of Tanganyika is reversed.