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

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3 judgments

Citation	Judgment date
July 2016
Ms Klean Services Ltd & Anor v Opure (Miscellaneous Application No. 3189 of 2015) [2016] UGHCEBD 21 (11 July 2016) A stay of execution based only on an unfiled application to set aside judgment is misconceived and will be dismissed with costs. • Civil Procedure – Section 98 CPA – inherent powers to make orders for ends of justice – limits where underlying application is non-existent. • Execution – stay of execution – requirement of a pending substantive application to set aside judgment as prerequisite for stay. • Procedure – service and substituted service – notice to show cause and publication by newspaper as valid steps.	11 July 2016
Nambi & Anor v Mpungu (Miscellaneous Application No. 652 of 2016) [2016] UGHCEBD 20 (11 July 2016) Applicant's challenge to eviction failed; prior appeal decided ownership and res judicata bars relief. Execution law – eviction enforced under prior appeal decree; Order 22 r.55 C.P.R. inapplicable; S.98 C.P.R. inherent powers; Res judicata – ownership already determined on appeal; prior witness statements undermining later contrary claims; multiplicity of suits barred.	11 July 2016
Isanga v Uganda (HCMCA 205 of 2016) [2016] UGHCEBD 19 (7 July 2016) Extension of time to appeal granted where judgment debtor was not served and reasonably relied on counsel’s advice. Civil procedure – extension of time to appeal under s.79(1)(b) CPA – good cause/sufficient reason – reliance on counsel’s advice – service of garnishee orders (O.23 CPR) required unless court directs otherwise – discretion exercised where judgment debtor unaware due to lack of service.	7 July 2016