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High Court: Execution and Bailiffs Division (Uganda)
High Court: Execution and Bailiffs Division (Uganda)
Please note: this court does no longer exist, and is preserved here for historical reasons.
2 judgments
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2 judgments
Citation
Judgment date
February 2017
Kayizzi v Osman (Miscellaneous Application No. 1921 of 2016) [2017] UGHCEBD 3 (27 February 2017)
Court stayed execution pending lower-court determination of an application to set aside an allegedly fraudulently obtained decree.
Execution – Stay of execution – Conditions for stay: substantial loss, no unreasonable delay, security; Allegations of fraud – entitlement to be heard; Ex parte decree – setting aside pending in lower court – stay to prevent nugatory outcome; Court’s discretion to stay without security in appropriate circumstances.
27 February 2017
Mukama v Harris Motors (U) Ltd (Miscellaneous Application No. 2365 of 2016) [2017] UGHCEBD 2 (20 February 2017)
Objector who proves possession and an independent interest is entitled to release of attached vehicle; title and forgery issues reserved for full suit.
Objection proceedings – attachment of goods – focus on possession and interest on applicant’s own account – title and allegations of limitation or forgery reserved for substantive suit – forgery not provable by affidavit alone – documents by advocate without practising certificate not automatically invalid.
20 February 2017
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