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High Court: Execution and Bailiffs Division (Uganda)

Please note: this court does no longer exist, and is preserved here for historical reasons.

12 judgments
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12 judgments
Citation
Judgment date
December 2014
Acaitum Omanikor Isiaigi v Alkas International (U) Limited & Anor (Execution Miscellaneous Application No. 1823 of 2014) [2014] UGHCEBD 4 (12 December 2014)
Execution against a person withdrawn from suit is improper; execution cannot be used to lift the corporate veil.
Execution — Decree debtor — Withdrawal of party during trial — No decree against withdrawn party; execution disallowed. Execution proceedings — Not a forum to lift corporate veil or vary decree. Execution procedure — Registrar exclusively appoints and empowers bailiffs; creditor nomination improper. Limitation (section 36 CPA) raised but not determinatively decided.
 12 December 2014
November 2014
Buwembo Sarah Kakumba v Samuel Kiwanuka & Anor (Civil Appeal No. 1670 of 2013) [2014] UGHCEBD 6 (17 November 2014)
A civil warrant of arrest requires prior notice to show cause; unlawful warrant mandates fresh taxation of bailiff's costs.
Execution procedure – warrant for arrest of judgment debtor – Rule 34(1) CPR – ‘may’ construed to require notice to show cause – natural justice; Bailiffs’ costs – partial execution and stay – remuneration proportionate to work done; Taxation – ex parte taxation and taxation outside Judicature Court Bailiffs Rules (Second Schedule) invalid; Liability for bailiff’s fees – judgment creditor who procured unlawful warrant liable.
 17 November 2014
September 2014
Makubuya Enock William v Bulaimu Muwanga Kibirige t/a Kowloon Garment Industry & Anor (Miscellaneous Application No. 1689 of 2013) [2014] UGHCEBD 9 (5 September 2014)
Court dismissed challenge to execution, finding attachment, valuation and sale lawful and objections belated and unsubstantial.
Execution — Warrant specification — Use of "including" and "etc." — ejusdem generis limits unspecified items to same category; Inventory and advert evidence support lawful attachment; Valuation requirement — post-attachment valuation accepted; Sale after warrant validation — fresh advertisement not required if advert issued during valid warrant; Late objections to execution may be barred.
 5 September 2014
July 2014
Isaac Walukagga v James Balintuma (Miscellaneous Application No. 2219 of 2013) [2014] UGHCEBD 8 (18 July 2014)
An occupier who bought and possessed part of registered land before attachment may have that portion released from execution.
* Civil procedure – Objector application under O.22 and O.52 – entitlement to remove part of land from attachment based on prior purchase and possession. * Evidence – possession, building plans, partition walls and valuer/bailiff reports as proof of proprietary interest despite title remaining in vendor. * Contract law – lease covenant against assignment is enforceable by lessor only; third parties cannot rely on contractual breach to invalidate a transfer. * Stamps – unstamped sale agreement may affect admissibility but does not negate equitable/material possession. * Execution – warrant must properly describe property (land title) rather than a 'house' as a chattel. * Remedies – excision of a sub-portion from attachment where remainder suffices to satisfy decree; costs each party own where no notice on title.
 18 July 2014
Walukaga v Balintuma (Miscellaneous Application No. 2219 of 2013) [2014] UGHCEBD 12 (18 July 2014)
Applicant proved prior possession of 25 decimals; court excised it from attachment, finding creditor not prejudiced.
* Execution — Objector application to extricate part of land from attachment; possession vs title. * Civil Procedure — Scope of O.12 r.3; distinction between interlocutory and substantive (objector) applications. * Property law — Contractual lease covenants (no assignment without lessor consent) do not render a sale void as against third-party judgment creditors. * Evidence — Possession proven by partition/retaining wall, building plan, witness affidavits, photographs, and valuer’s report. * Remedies — Excision of portion of attached land where remaining property still satisfies decretal amount; costs each party own when applicant’s interest not registered.
 18 July 2014
Mugoya Kyawa Guster v Global Trust Bank Ltd. & Anor (Miscellaneous Application No. 2262 of 2013) [2014] UGHCEBD 10 (8 July 2014)
Mortgagee validly sold mortgaged land by private treaty after execution warrant lapsed; applicant’s challenge dismissed.
Property law – Mortgagee’s power of sale – Contractual power to sell by private treaty without recourse to court; Execution law – lapse of warrant of execution and effect on subsequent private sale; Locus standi – power of attorney and interest of registered proprietor gives standing to challenge unlawful execution; Bailiff’s returns and taxation – disentitlement where sale occurred outside court warrant.
 8 July 2014
May 2014
Muramira David v Centenary Rural Development Bank (Miscellaneous Application No. 1849 of 2013) [2014] UGHCEBD 11 (30 May 2014)
Execution Division will not set aside a private sale of mortgaged vehicles handed to the creditor; challenger’s remedy is a fresh suit.
Execution law – Execution Division jurisdiction – Civil imprisonment – Security by delivery of chattels – Enforcement of mortgage – Sale of mortgaged vehicles without court order – Adequacy of affidavit evidence where no summary of evidence filed – Remedy by fresh suit.
 30 May 2014
Muramira v Centinary Rural Developmnet Bank (Miscellaneous Application No. 1849 of 2013) [2014] UGHCEBD 3 (30 May 2014)
Application to set aside sale of mortgaged vehicles dismissed; sale occurred outside court process and remedy is a fresh suit.
Execution Division jurisdiction; summary evidence under O.6 r.2 CPR; enforcement of mortgage security; sale of secured vehicles without court order; civil imprisonment and right to be heard; remedy by fresh suit.
 30 May 2014
March 2014
Comesa Technologies (U) Ltd v Mushabe (Civil Appeal No. 1906 of 2013) [2014] UGHCEBD 2 (24 March 2014)
Registrar erred by varying a consent order and ordering arrests without notice; bailiff breached order though payment fell within consent period.
Execution — Consent judgment — Whether Registrar may vary a consent order and order deposit of title before default; Contempt/committal — requirement of notice to show cause and lifting corporate veil before arrest of company officers; Bailiff conduct — payment to creditor contrary to Registrar's direction; Appeal procedure — leave to file out of time validates late appeal.
 24 March 2014
Comesa Technology (U) Limited v David G. Mushabe (Civil Appeal No. 1906 of 2013) [2014] UGHCEBD 7 (24 March 2014)
Registrar erred in varying a consent payment order and issuing arrests without notice, though the consent payment remained valid.
Execution – consent decree – security – Registrar lacked power to vary consent terms; attachment and deposit of title unjustified absent default. Contempt – warrants of arrest require prior notice to show cause; cannot arrest corporate directors without lifting corporate veil. Bailiff misconduct – payment to creditor contrary to court order; bailiff accountable. Appeal – not automatically a stay of execution; but Registrar cannot alter consent terms.
 24 March 2014
February 2014
Boney Mwebesa Katatumba & Anor v Shumuk Springs Development Ltd & Anor (Civil Reference Appeal No. 327 of 2014) [2014] UGHCEBD 5 (24 February 2014)
A Registrar’s eviction warrant that diverges from the originating ruling is illegal; execution disputes belong to the judge and extracted orders must conform to rulings.
* Civil Procedure – execution – warrant of eviction – requirement that a warrant strictly reflect and be founded on the originating court order or decree. * Civil Procedure – extracted orders – Registrar Execution’s duty to verify conformity of extracted order with the ruling; referral back for correction where non-conforming. * Civil Procedure – jurisdiction – limits on a Registrar’s power to set aside a predecessor’s execution order; contentious execution matters to be referred to the judge (s.34 CPA; O.50 rr.7–8 CPR). * Remedies – illegal execution/warrant of eviction may be set aside and corrected by the court; costs may be awarded against party at fault.
 24 February 2014
Katatumba & Anor v Shumuku Springs Development & Anor (Civil Reference Appeal No. 327 of 2014) [2014] UGHCEBD 1 (24 February 2014)
Execution warrant for eviction was illegal because the extracted order contradicted the Registrar’s ruling; applicants to pay costs.
Civil procedure – Execution – Attachment before judgment – Warrant of execution must conform to underlying ruling – Registrar Execution’s duty to verify extracted orders – Illegality of eviction warrant not grounded in decree – Procedure for contesting execution orders (s.34 CPA; O.50 rr.4,6,7,8 CPR).
 24 February 2014