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Citation
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Judgment date
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| December 2016 |
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Mandamus denied where procedural irregularities and doubtful service undermined an asserted undisputable right to payment.
Judicature — mandamus — requirement of clear legal right and corresponding duty; procedural regularity and valid service of certificates of order; mandamus will not enforce doubtful or unsupported claims; reliefs must derive from judgment sought to be enforced.
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6 December 2016 |
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Court issued mandamus compelling respondents to pay applicant’s decretal sum with accrued interest and costs.
* Administrative law – mandamus against government – requirements: clear legal right, corresponding duty, omission and lack of adequate alternative remedy.
* Government liabilities – payment of decrees against the State via Attorney General/Treasury; verification and Treasury allocations do not negate the statutory duty to pay.
* Interest and costs – court ordered accrued interest and taxed costs; continued non‑payment may amount to contempt.
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6 December 2016 |
| November 2016 |
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Consequential transfer set aside where judgment debt had been paid and the execution sale and registration were procedurally defective.
• Civil procedure – Review of Registrar’s consequential order under execution proceedings – jurisdiction and nullity. • Execution law – Attachment and sale – expiry/renewal of warrant, requirement for re-advertisement, return of warrant and proof of sale. • Registration of Titles – Effect of consequential orders and protection of third-party title; necessity to hear affected parties. • Inherent jurisdiction and procedural regularity – consequences of errors apparent on the face of the record.
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25 November 2016 |
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Mandamus granted to compel respondents to pay the applicant the VAT refund owed under a consent decree.
Mandamus – grant where just and convenient; Judicature Act s37 – requirements for mandamus (clear right, corresponding duty, omission, lack of alternative); Government Proceedings Act s19 – certificate/order against Government; payment of decrees against Government via Attorney General/Treasury Officer of Accounts; ex parte hearing where respondents served and absent.
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18 November 2016 |
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Court granted mandamus compelling Treasury to pay decretal sum after a duly served certificate of order against Government.
* Public law – Mandamus – Compelling government to satisfy a decree – Certificate of order under s.19 Government Proceedings Act – Requirements for mandamus: clear legal right, corresponding duty, omission, lack of alternative remedy.
* Civil enforcement – Payment of judgments against Government – Treasury/Accountant General duty to pay – Failure to pay may constitute contempt of court.
* Procedure – Attempted attachment of government property declared illegal – mandamus appropriate where no effective alternative remedy exists.
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11 November 2016 |
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Mandamus granted to compel Treasury to pay a duly certified court decree against the Government; non-payment may be contempt.
* Administrative law – Mandamus – High Court power to compel performance of statutory duty under section 37 Judicature Act; * Government Proceedings – satisfaction of orders against Government – certificate of order under section 19 Government Proceedings Act; * Enforcement of judgment against Government – service of certificate and statutory obligation to pay; * Contempt – persistent failure to satisfy decree may amount to contempt.
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4 November 2016 |
| October 2016 |
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Respondents held in civil contempt for obstructing execution; aggravated and exemplary damages, a fine and taxed costs awarded.
Contempt of court – civil contempt – elements: lawful order; knowledge; disobedience; remedies — committal, fine, exemplary and aggravated damages; taxed costs; enforcement of execution orders; reliance on common law principles via Judicature Act.
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29 October 2016 |
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Bank held in contempt for failing to remit garnished funds; damages, fine, repayment and costs ordered.
* Civil contempt – garnishee order nisi and garnishee order absolute – existence, knowledge and disobedience as elements of contempt.
* Bank liability – vicarious liability for internal fraud does not excuse non-compliance with court orders.
* Effect of appellate stay – a later-received stay cannot retrospectively excuse prior non-compliance with a valid High Court order.
* Remedies – declaration of contempt, exemplary damages, fine, payment with interest, taxed costs; committal discretionary and may be refused if futile.
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26 October 2016 |
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Stay of execution granted pending appeal subject to deposit of monetary security and filing of typed record.
Civil procedure – Stay of execution pending appeal – O.43 r.4(3) CPR – requirements: substantial loss, absence of unreasonable delay, security – mis-citation of law not fatal – notice of appeal sufficient to ground stay – court ordered monetary security and return of lower court file.
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18 October 2016 |
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Court ordered payment of admitted decretal sum within six months by instalments; failure to pay permits execution to proceed.
Execution and bailiffs – stay of arrest warrant and execution – appropriateness of instalment payments to defeat enforcement – interlocutory negotiations and delay affecting decretal sum – costs and consequence of non‑payment.
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10 October 2016 |
| July 2016 |
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A stay of execution based only on an unfiled application to set aside judgment is misconceived and will be dismissed with costs.
• Civil Procedure – Section 98 CPA – inherent powers to make orders for ends of justice – limits where underlying application is non-existent.
• Execution – stay of execution – requirement of a pending substantive application to set aside judgment as prerequisite for stay.
• Procedure – service and substituted service – notice to show cause and publication by newspaper as valid steps.
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11 July 2016 |
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Applicant's challenge to eviction failed; prior appeal decided ownership and res judicata bars relief.
Execution law – eviction enforced under prior appeal decree; Order 22 r.55 C.P.R. inapplicable; S.98 C.P.R. inherent powers; Res judicata – ownership already determined on appeal; prior witness statements undermining later contrary claims; multiplicity of suits barred.
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11 July 2016 |
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Extension of time to appeal granted where judgment debtor was not served and reasonably relied on counsel’s advice.
Civil procedure – extension of time to appeal under s.79(1)(b) CPA – good cause/sufficient reason – reliance on counsel’s advice – service of garnishee orders (O.23 CPR) required unless court directs otherwise – discretion exercised where judgment debtor unaware due to lack of service.
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7 July 2016 |
| June 2016 |
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Court granted consequential demolition orders under inherent powers after executed decree was frustrated by respondents' re-occupation.
• Civil procedure – inherent powers (s.98 CPA) – consequential orders to enforce judgment – demolition of structures to give effect to executed decree. • Service – service on last known address and proceeding ex parte where no affidavit in reply filed. • Execution – warrant of vacant possession executed; re-occupation of land justifying further orders.
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28 June 2016 |
| May 2016 |
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Where a decree has been satisfied, a bailiff’s attachment and encumbrance on the title must be removed.
Civil procedure – Attachment and execution – Release of attachment where decree satisfied – Removal of bailiff-registered encumbrance on title; Substituted service by newspaper and ex parte hearing; Effect of delay in execution and absence of affidavit in reply.
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25 May 2016 |
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Objector was in possession at attachment but claim failed because purchaser had taken vacant possession and title disputes require a separate suit.
* Civil procedure – Execution – Objector proceedings under O.22 rr.55–57 CPR – inquiry focuses on possession at date of attachment; relief is provisional and does not determine title. * Execution – Effect of execution of warrant for vacant possession and purchaser taking possession – purchaser not a party to objector proceedings must be heard; application may be overtaken by events. * Property law – matrimonial home claims – protected by prior decree but ownership disputes require substantive suit.
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24 May 2016 |
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Court set aside an excessive bailiff fee, holding the 3% movable-property tariff inapplicable to immovable property.
* Bailiffs' fees – application of Schedule 2 of the Bailiffs' scale – distinction between movable and immovable property fees; incorrect application of 3% tariff to immovable property.
* Taxation – error of law by Taxing Master in applying percentage fee regime inapplicable to immovable property.
* Civil procedure – preliminary objections on title, amendment and unsigned service; substantive justice prevails over technicalities.
* Execution – entitlement on attachment and postponement (vacant possession) of immovable property where decree exceeds Shs.120,000/-.
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24 May 2016 |
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Leave to appeal refused where security requirement was uncontested and proposed appeal was frivolous and abusive.
Civil procedure – leave to appeal from interlocutory order – requirement for prima facie grounds that merit serious judicial consideration; Security for stay of execution – court’s discretion under O.22 r.23(3) CPR; Costs – costs follow the event; Abuse of process – frivolous/vexatious appeals.
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19 May 2016 |
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Court granted conditional stay of execution pending appeal, requiring partial security for costs and awarding costs to respondent.
Execution – Stay pending appeal – over-attachment allegations – res judicata objection – security for costs as condition for stay; court cautious not to interfere with matters before Court of Appeal.
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5 May 2016 |
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Stay of execution granted pending appeal subject to deposit of Shs.5,000,000 as security.
* Civil procedure – Stay of execution – Conditions for granting a stay – Security for costs and for due performance of decree – Judicial discretion to fix reasonable security amount; full decretal security may stifle appeals.
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5 May 2016 |
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A Registrar cannot set aside his own garnishee order; attachment reinstated pending the commercial court's determination of the award challenge.
Execution—garnishee orders nisi; Powers of Registrars under Order 0.50 C.P.R—may issue execution interlocutory orders but cannot set aside their own orders; Referral to Judge under r.7 required; Arbitration Act vs Arbitration Rules—timing of enforcement and pending applications; Attachment of bank accounts and interlocutory relief pending challenge to arbitral award.
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2 May 2016 |
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Court issued mandamus compelling Treasury to pay UHRC-decreed damages with interest and costs.
Judicature Act – writ of mandamus – execution of Human Rights Commission awards – clear legal right and corresponding duty – Treasury/Attorney General obligation to pay government decrees – interest and costs on unappealed awards.
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2 May 2016 |
| April 2016 |
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Court granted extension to file mandamus application due to negotiations and untaxed costs delaying timely application.
Judicial review – extension of time – r 5 Judicature (Judicial Review) Rules 2009 – mandamus – "good reason" where decree unsatisfied and Bill of Costs untaxed – ex parte application accepted.
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29 April 2016 |
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Court granted stay pending appeal despite no extracted decree where applicant promptly sought proceedings and deposited security.
Stay of execution – conditions for grant (substantial loss, lack of unreasonable delay, provision of security) – Prematurity where no decree extracted or execution pending – Notice of appeal and request for proceedings may justify discretionary stay – Court’s power to impose conditions and award costs.
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29 April 2016 |
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Stay of execution granted pending leave to appeal, conditional on a partial security deposit to protect the decree.
* Civil procedure – stay of execution – discretion to grant stay pending appeal – court may impose conditions under Judicature Act; * Security for due performance – requirement need not be the full decretal amount if that would stifle appeal; * Balancing of respondent’s decree protection and applicant’s right to appeal.
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29 April 2016 |
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Occupation at attachment can protect a customary purchaser from a judicial sale despite a later-registered title.
* Execution — objector proceedings — attachment and judicial sale of immovable property — possession at date of attachment decisive.
* Land law — customary interest/kibanja — occupation and developments as proof of possession despite later registered title.
* Property law — certificate of title prima facie evidence but not absolute where prior possession and interests exist.
* Civil procedure — judicial sale not immediately complete; liable to be set aside on appropriate proceedings (O.25 r 57 CPR).
* Remedies — release from sale where objector proves possession and interest; costs against judgment debtors.
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29 April 2016 |
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Stay of execution refused where applicant failed to diligently prosecute appeal, dismissed for lack of prosecution with costs.
Stay of execution — application dismissed for lack of prosecution where applicant failed to diligently obtain proceedings; O.9 r.22 CPR inapplicable; s.98 CPA preserves inherent powers but does not excuse inaction; costs awarded to respondent.
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25 April 2016 |
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Respondent held in contempt for non‑compliance with instalment order; warrant of arrest issued and costs awarded.
Contempt of court – civil decree – failure to comply with instalment order – committal proceedings and warrant of arrest; validity of affidavit – requirement to appear before Commissioner for Oaths; discretion under s.98 Civil Procedure Act – extension of time; precedence of contempt over related appeals.
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19 April 2016 |
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Stay of execution granted pending appeal provided applicant deposits admitted Shs.143,000,000 as security within two weeks.
Stay of execution – Security for due performance – Reasonableness of security amount – Supreme Court guidance against full payment where appeal may succeed – deposit of admitted sum (Shs.143,000,000) – costs to respondent.
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13 April 2016 |
| March 2016 |
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Stay of execution refused where no appeal or extension application existed and applicants failed to show irreparable harm.
Stay of execution – requirements: likelihood of success, irreparable harm, promptness, balance of convenience – necessity of existing appeal or application for extension/leave to appeal – negligence of counsel not a substitute for procedural compliance – discretionary exercise of stay power.
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15 March 2016 |
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Applicant failed to establish sufficient cause for a stay of execution; amendment permitted by adjournment but application dismissed with costs.
Amendment of chamber summons by adjournment; preliminary objection to amendment; stay of execution—requirements (substantial loss, promptness, security); validity of filed application requires court stamp/signature/fixation; alleged non-service as ground for setting aside ex parte judgment.
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14 March 2016 |
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Sale in execution without depositing the duplicate or special certificate of title is null and void.
Execution — Sale of immovable property — Mandatory requirement to lodge duplicate (owner’s) certificate of title or obtain special certificate under section 48 Civil Procedure Act — Certified photocopy insufficient — Sale without title deposit is a nullity; procedural non‑compliance (expired warrant/advertisement) exposes sale to challenge.
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9 March 2016 |
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Sale after attachment and lack of independent possession cannot defeat a valid attachment in execution.
* Civil Procedure – Execution – Objector proceedings under O.22 rr.55–58 and s.98 CPA – central inquiry whether objector was in possession at time of attachment and whether possession was on account of the judgment debtor. * Transfer after attachment – purported sale post-attachment cannot defeat valid attachment if possession remains on behalf of judgment debtor. * Burden – objector must prove proprietary or possessory interest independent of judgment debtor.
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4 March 2016 |
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A stay of execution was granted pending determination of a challenge to taxed costs due to denial of hearing and jurisdictional issues.
Advocates’ bills of costs — Taxation by Registrar — Right to be heard — Competence of civil reference — Registrar acting ultra vires — Stay of execution pending determination of pending High Court application.
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4 March 2016 |