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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
November 2016
Wamala Growers Cooperative Union v Kiggundu & 22 Ors (Miscellaneous Application No. 760 of 2016) [2016] UGHCEBD 28 (25 November 2016)
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.
 25 November 2016
Southern Range Nyanza Ltd v Attorney General & 2 Ors (Miscellaneous Application No. 2157 of 2016) [2016] UGHCEBD 26 (18 November 2016)
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.
 18 November 2016
Makaru v Attorney General & Anor (Miscellaneous Application No. 1288 of 2016) [2016] UGHCEBD 29 (11 November 2016)
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.
 11 November 2016
Makaru v Attorney General & Anor (Miscellaneous Application No. 1288 of 2016) [2016] UGHCEBD 23 (4 November 2016)
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.
 4 November 2016