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Judgments
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.
5 judgments
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5 judgments
Citation
Judgment date
March 2017
Nabuwati & 2 Ors v The Secretary to the Treasury & Anor (Miscellaneous Application No. 2613 of 2016) [2017] UGHCEBD 14 (23 March 2017)
Mandamus granted to compel government to pay decretal sums and interest; claimed 10% damages denied.
Mandamus — enforcement of judgment debt against the State — requirements: clear legal right, corresponding duty, omission, lack of alternative remedy — Secretary to the Treasury/Attorney General obliged to pay decretal sums and interest — damages not awardable by mandamus where not decreed by court.
23 March 2017
Buscar East Africa v Mulinda (Miscellaneous Application No. 213 of 2017) [2017] UGHCEBD 10 (9 March 2017)
Applicant not party to underlying suit obtained release of attached vehicles and set aside of execution.
Execution and attachment – objection proceedings – investigation limited to possession not title – constructive possession by a passenger service operator – joint ownership and mistaken attachment – setting aside execution and release of property – section 98 CPA and section 33 Judicature Act – costs for failure to oppose.
9 March 2017
Nambi v Lwanga (2) (Miscellaneous Application No. 213 of 2017) [2017] UGHCEBD 9 (9 March 2017)
Applicant, not a party to the underlying suit, proved constructive possession; court set aside execution and released attached vehicles.
Execution – Objection to attachment – Inquiry limited to possession not ownership – Applicant must plead and prove possession; Constructive possession; Attachment of property of a non-party; Setting aside execution; Costs awarded for wrongful attachment.
9 March 2017
Kabale University v Rwaganika Anor (Appeal No. 7 of 2016) [2017] UGHCEBD 11 (7 March 2017)
An earlier-filed appeal may be heard before subsequent contempt proceedings if hearing contempt first would render the appeal nugatory.
Execution and garnishee proceedings – precedence of contempt proceedings versus earlier-filed appeals – discretion to stay contempt where hearing it first would render appeal nugatory – garnishee obligations and third-party interests.
7 March 2017
Nambi v Lwanga (Miscellaneous Application No. 213 of 2017) [2017] UGHCEBD 1 (1 March 2017)
Respondent held in civil contempt for re‑occupying land; court ordered vacatur, demolition, damages, fine, injunction.
Contempt of court – civil contempt – requirements: existence of lawful order, knowledge, disobedience – remedies: committal, fine, exemplary damages, demolition and permanent injunction – enforcement of eviction and land possession orders.
1 March 2017
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