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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.

1 judgment

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1 judgment

Citation	Judgment date
October 2017
Administrator General v Kakooza & Anor (Miscellaneous Application No. 11 of 2017) [2017] UGHCEBD 24 (3 October 2017) Court released Administrator General’s trust account from garnishee execution; government, not trust funds, meets decretal liabilities. * Civil procedure – garnishee proceedings – garnishee order nisi and order absolute – completion of execution. * Trusts/Public trustee law – Administrator General/Public Trustee – liability of government under section 35 and Public Trustees Act. * Attachment of debts – prohibition on attaching third-party trust funds; illegality overrides procedural defects. * Remedies – objector proceedings or setting aside execution; court’s inherent jurisdiction to prevent unlawful conversion of trust property.	3 October 2017

Citation

Judgment date

October 2017

Administrator General v Kakooza & Anor (Miscellaneous Application No. 11 of 2017) [2017] UGHCEBD 24 (3 October 2017)

Court released Administrator General’s trust account from garnishee execution; government, not trust funds, meets decretal liabilities.

* Civil procedure – garnishee proceedings – garnishee order nisi and order absolute – completion of execution. * Trusts/Public trustee law – Administrator General/Public Trustee – liability of government under section 35 and Public Trustees Act. * Attachment of debts – prohibition on attaching third-party trust funds; illegality overrides procedural defects. * Remedies – objector proceedings or setting aside execution; court’s inherent jurisdiction to prevent unlawful conversion of trust property.

3 October 2017