Ali v. Abdeen – sllr 2001 volume 1 page 413

The case between Ali (Petitioner) and Abdeen (Respondent) addressed whether compliance with the mandatory pre-inquiry settlement effort under sections 66(6) and 66(7) of the Primary Courts’ Procedure Act is a condition precedent for jurisdiction in possession disputes. It was held that a Primary Court Judge must exhaust every effort to facilitate amicable settlement between parties before exercising jurisdiction to conduct an inquiry into possession. The failure to make this attempt rendered the subsequent order allowing possession in favor of Abdeen to be made without jurisdiction. Reliance was placed on the statutory requirements of the Primary Courts’ Procedure Act, reaffirming the principle that jurisdictional prerequisites must be satisfied before substantive proceedings can proceed.