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
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
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
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
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
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