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

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8 judgments

Citation	Judgment date
May 2016
Mbabazi v Matco Stores & Anor (Miscellaneous Application No. 1512 of 2015) [2016] UGHCEBD 17 (25 May 2016) 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.	25 May 2016
Nalweyiso v Kabogo & Anor (Miscellaneous Application No. 638 of 2016) [2016] UGHCEBD 14 (24 May 2016) 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.	24 May 2016
Ssebudde v Matsiko (Miscellaneous Application No. 15651 of 2014) [2016] UGHCEBD 15 (24 May 2016) 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/-.	24 May 2016
Ndawula v Hiraa Traders (U) Ltd (Miscellaneous Application No. 762 of 2016) [2016] UGHCEBD 16 (19 May 2016) 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.	19 May 2016
Makubuya v Muwanga & Anor (Miscellaneous Application No. 3091 of 2015) [2016] UGHCEBD 9 (5 May 2016) 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.	5 May 2016
Makubuya v Muwanga Kibirige (Miscellaneous Application No. 3126 of 2015) [2016] UGHCEBD 10 (5 May 2016) 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.	5 May 2016
Buwule v National Water and Sewerage Corporation (Miscellaneous Application No. 2 of 2016) [2016] UGHCEBD 11 (2 May 2016) 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.	2 May 2016
Kato v Attorney General & Anor (Miscellaneous Application No. 285 of 2016) [2016] UGHCEBD 7 (2 May 2016) 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.	2 May 2016