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High Court: Execution and Bailiffs Division (Uganda)

Please note: this court does no longer exist, and is preserved here for historical reasons.

3 judgments
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3 judgments
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Judgment date
August 2017
Kampala Capital City Authority v Lukyamuzi Investments Ltd & 3 Ors (Miscellaneous Application No. 613 of 2017) [2017] UGHCEBD 13 (23 August 2017)
Court stayed eviction and payment of damages pending appeal, finding triable issues and potential irreparable harm; notice of appeal was sufficient.
Civil procedure – stay of execution – wrongly cited enabling provision cured and correct rule 0.43 r 4 C.P.R. applied; notice of appeal suffices to found stay application; stay granted where triable issues, risk of irreparable harm, timely application and balance of convenience favour preserving status quo; public body exempt from security under 0.43 r 6 C.P.R.
 23 August 2017
John Tuggy Daniel v Wapisi & 2 Ors (Miscellaneous Application No. 185 of 2017) [2017] UGHCEBD 12 (4 August 2017)
Stay of sale and arrest granted where appeal process commenced and attached property provides sufficient security pending appeal.
Civil procedure – Stay of execution – Notice of appeal and steps to obtain ruling sufficient to ground stay; execution incomplete where attached property not sold; balance of convenience and risk of substantial loss justify stay; supplementary affidavit filed before replies admissible; attached property may suffice as security.
 4 August 2017
Equator Touring Services Ltd v Kampala Capital City Authority (Civil Appeal No. 13 of 2016) [2017] UGHCEBD 8 (1 August 2017)
An appellate court will not disturb a Taxing Master’s award absent proof of injudicious exercise of discretion; taxation decision upheld.
* Taxation of costs – appellate interference with Taxing Master – discretion exercised injudiciously or misdirection on law required to overturn award. * Advocates (Remuneration and Taxation of Costs) Rules (Schedule 6) – application of prescribed scales for instruction fees, attendance, copies and routine items. * Garnishee proceedings – taxation where judgment debtor absent. * Procedure for increased fees – application to Registrar for certificate to justify higher instruction fees.
 1 August 2017