In his Judgement, Justice Musa Ssekaana ruled that the Judicature court bailiff Rules give the Chief Registrar regulatory powers over the bailiffs as the appointing authority.
Division of the High Court has upheld a decision to suspend two court
bailiffs accused of selling off land in error.
Amelia Nakiryowa and Moses Wandera were in September suspended by
the Chief Registrar for one year after they were found guilty of selling
off a piece of land-Kibanja in Kabawo zone, Mutundwe, Rubaga Division
Kampala belonging to Edison Kiwanuka.
were settling a land matter between Edward Wasswa and George Luzinda when they
erroneously sold Kiwanuka's land.
The two bailiffs however appealed the Chief registrar's decision saying that
they weren't given a fair hearing. They said that the chief registrar based on
the recommendation of the Bailiffs Licensing and Disciplinary Committee.
Through their lawyer, Daniel Ssemanda, the two bailiffs said that the committee
on whose recommendation the Chief registrar suspended them is not
constitutional and that has no place in the Judicature (Court Bailiff) Rules
which govern court bailiffs.
However, Samuel Kakande who represented Kiwanuka said the committee was legally
constituted. He also said that the two bailiffs were accorded a fair hearing and
were invited and partly participated in the investigations by the committee.
Kakande, they declined to participate in some hearings and a decision was taken
in the matter when they had declined to attend.
In his Judgement, Justice Musa Ssekaana ruled that the Judicature court bailiff
Rules give the Chief Registrar regulatory powers over the bailiffs as the
"To achieve the purpose of the law there is established the Bailiffs
Licensing and Disciplinary Committee. When an authority is clothed with
powers to regulate an activity the court looks carefully to ensure that
they are within the policy and object" ruled Justice Ssekaana.
He adds that the Chief Registrar as the appointing authority has the
mandate to look into the affairs of bailiffs and exercise disciplinary
control over bailiffs as a regulator.
Justice Ssekaana ruled that the dominant purpose, in this case, is to license
bailiffs and ensure that all comply with professional rules and
the non-dominant is to discipline which is implied.
"It would defeat logic if the regulator is
not clothed with disciplinary powers over the regulated. Needless to say,
the appellants whose licenses were suspended were issued by the same
committee which they never challenged its existence when it came to
issuing the license only sought to challenge its legality when it came
to disciplining them" ruled Justice Ssekaana before dismissing the