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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.

4 judgments
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4 judgments
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Judgment date
October 2016
Semanda & 2 Ors v Kaheebwa & Anor (Miscellaneous Application No. 1625 of 2016) [2016] UGHCEBD 25 (29 October 2016)
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.
 29 October 2016
Bugingo v Standard Chartered Bank Ltd (Miscellaneous Application No. 1242 of 2016) [2016] UGHCEBD 27 (26 October 2016)
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.
 26 October 2016
Kyaligonza v Tamale (Miscellaneous Application No. 738 of 2016) [2016] UGHCEBD 22 (18 October 2016)
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.
 18 October 2016
Twashaba & Anor v Virunga Finance Ltd (Miscellaneous Application No. 1725 of 2016) [2016] UGHCEBD 24 (10 October 2016)
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.
 10 October 2016