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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.

5 judgments
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5 judgments
Citation
Judgment date
March 2016
Mukasa & Anor v Jade Petroleum (U) Ltd (Miscellaneous Application No. 2374 of 2016) [2016] UGHCEBD 13 (15 March 2016)
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.
 15 March 2016
Mugisha v Hamwe Investments Ltd (Miscellaneous Application No. 763 of 2016) [2016] UGHCEBD 12 (14 March 2016)
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.
 14 March 2016
Grace ofwono v M/s Poland (U) Ltd (Miscellaneous Application No. 669 of 2015) [2016] UGHCEBD 35 (9 March 2016)
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.
 9 March 2016
Fred Wesonga & Anor v Wabwire Charles Mukemo (Miscellaneous Application No. 979 of 2014) [2016] UGHCEBD 34 (4 March 2016)
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.
 4 March 2016
Kitaka Mohammed & Anor v M/s Turinawe, Kamba, and Co. Advocates (Miscellaneous Application No. 169 of 2015) [2016] UGHCEBD 36 (4 March 2016)
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.
 4 March 2016