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
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
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
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
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