High Court: Execution and Bailiffs Division (Uganda) - 2016 April

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7 judgments

Citation	Judgment date
April 2016
Combined Properties Ltd v. HP GAUFF INGENIEURE GMBH & Co. & Ors (Constitutional Appeal No. 1 of 1998) [2016] UGHCEBD 4 (29 April 2016) 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.	29 April 2016
Kampala Capital City Authority v Murangira (Miscellaneous Application No. 26 of 2016) [2016] UGHCEBD 6 (29 April 2016) 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.	29 April 2016
Kenganzi v METL Uganda Ltd (Miscellaneous Application No. 2179 of 2015) [2016] UGHCEBD 8 (29 April 2016) 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.	29 April 2016
Ssebi v Top Finance Co. (U) Ltd (Miscellaneous Application No. 1702 of 2015) [2016] UGHCEBD 5 (29 April 2016) 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.	29 April 2016
Okello v Sanjay (Miscellaneous Application No. 3192 of 2014) [2016] UGHCEBD 3 (25 April 2016) 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.	25 April 2016
Metropolitan Properties Ltd v Mugume (Miscellaneous Application No. 2928 of 2015) [2016] UGHCEBD 33 (19 April 2016) 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.	19 April 2016
Ndawula v Hiraa Traders (U) Ltd (Miscellaneous Application No. 210 of 2016) [2016] UGHCEBD 2 (13 April 2016) 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.	13 April 2016