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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.
4 judgments
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4 judgments
Citation
Judgment date
June 2017
Nakibuuka v Nalule (Miscellaneous Application No. 1738 of 2016) [2017] UGHCEBD 20 (8 June 2017)
Stay of execution refused as sale had concluded; applicant must sue to challenge valuation or set aside the sale.
Civil procedure – stay of execution – application overtaken by events where sale completed; natural justice – buyer must be heard before sale set aside; remedy – sue respondent and buyer to challenge valuation or set aside sale; deposit of proceeds into court.
8 June 2017
Madat Gulam Hussein Chatur v Sadrudin virani (Miscellaneous Application No. 1305 of 2016) [2017] UGHCEBD 21 (5 June 2017)
Court substituted the respondent for judgment debtors and allowed execution against assets transferred to defeat the decree.
Civil procedure – Substitution of parties at execution stage; Order 1 r10(2) C.P.R. – addition of necessary parties; Powers of attorney – potential to bind donee to suffer judgment; Execution – attaching assets transferred to defeat decree; Judicial power under s.33 Judicature Act to grant complete relief.
5 June 2017
Nassolo & 3 Ors v Kisekka (Miscellaneous Application No. 1375 of 2016) [2017] UGHCEBD 22 (5 June 2017)
Stay of execution refused where purported appeal was filed out of time and annexures contained inconsistent jurats.
Stay of execution – requirement of a valid and timely appeal (or leave to file out of time) – procedural defects in affidavits and jurats – execution matters to be determined by execution court.
5 June 2017
Ssali v Katende (Miscellaneous Application No. 2438 of 2016) [2017] UGHCEBD 23 (5 June 2017)
Court stayed execution and released attached land pending the applicant’s substantive suit, finding preliminary objections premature.
Civil procedure – Execution and attachment – Application to release attached land – Preliminary objection as to absence of cause of action and res judicata – Preliminary objections premature where plaint/substantive suit is before another division – Allegations of fraud require full hearing – Stay of execution and release of property pending determination of substantive suit.
5 June 2017
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