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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.

12 judgments
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12 judgments
Citation
Judgment date
October 2020
Lagol and 2 Ors v Bonga and Anor (Civil Appeal No. 119 of 2019) [2020] UGHCEBD 8 (30 October 2020)
Objector proceedings inquire into possession at attachment date, not title; appellants failed to prove possession or interest.
Objector proceedings — possession (date of attachment) not title; burden to prove "some interest" and actual or constructive possession (Order 22 rr.56–60 CPR); beneficiaries of un-administered estate have no proprietary interest until distribution; attachment of judgment-debtor's dwelling house; sale in execution not halted by pending separate suit or criminal prosecution absent proof of possession by objector.
 30 October 2020
September 2020
Kafeero-Ssentongo v Mugenyi & Anor (Miscellaneous Application No. 670 of 2019) [2020] UGHCEBD 6 (4 September 2020)
Execution sale set aside because the valuation was performed by an unregistered/unlicensed valuer; purchaser to be refunded.
Execution — attachment and sale — validity of valuation — Surveyors Registration Act — qualification/licence of valuer — judicial sale set aside where no lawful valuation — scope of attachment — purchaser refunded — registrar duties to appoint accredited valuers and serve order of sale.
 4 September 2020
Sebuliba v Instant Cash International Limited & 3 Ors (Miscellaneous Application No. 2601 of 2018) [2020] UGHCEBD 4 (1 September 2020)
An objector who consented to attachment cannot reclaim the property; sale valid and surplus returned after costs.
Execution — attachment and release — Objector must show interest in property at date of attachment; Consent to attachment and guarantee; Fraudulent or evasive transfer to defeat creditors; Validity of sale — compliance with 30‑day advertisement period; Distribution of surplus proceeds after execution; Costs of application.
 1 September 2020
Sentumbwe v Golooba (Miscellaneous Application No. 639 of 2019) [2020] UGHCEBD 3 (1 September 2020)
A transferee who acquires property during litigation is bound by earlier decree; objection struck out and stay vacated.
Civil procedure – execution — inappropriate reliance on Order 22 Rule 55 where no attachment exists; Order 22 Rules 86–88 — transferee during pendency excluded from resisting execution; res judicata and decrees operating in rem — assignees bound by prior decree; objector application construed as obstruction to execution; interim stay vacated and costs awarded.
 1 September 2020
August 2020
Lubirango v Bugyegyera & 3 Ors (Miscellaneous Cause No. 3139 of 2018) [2020] UGHCEBD 5 (31 August 2020)
Physical possession without transfer of title insufficient to defeat Disciplinary Committee's High Court-equivalent warrant of attachment.
Execution — Objection to attachment under Order 22 Rules 55 & 56; Jurisdiction — Disciplinary Committee warrants enforced as High Court orders under s.20(6) Advocates Act; Possession v title — physical possession without transfer insufficient to defeat attachment; Validity of warrant of attachment issued by Disciplinary Committee.
 31 August 2020
Formular Feeds Limited and Anor v KCB Bank Uganda Limited and 2 Ors (Civil Miscellaneous Application No. 208 of 2020) [2020] UGHCEBD 9 (26 August 2020)
Execution sale of property founded on void mailo titles was illegal; sale, taxation and transfers set aside.
* Execution law – attachment and sale of immovable property – mandatory deposit of duplicate/special certificate of title (s.48 CPA). * Land law – mailo/freehold land – non‑citizens cannot acquire or hold mailo titles; mortgages on such titles void ab initio. * Bailiffs’ duties – deposit of proceeds within seven days, proper conduct of public auction, and lawful taxation of bailiff’s bill. * Judicial sale – judicial auction may be set aside where sale is tainted by illegality or procedural defects. * Remedies – setting aside sale/transfer, refund of proceeds, delivery and cancellation of titles, injunctions and referral for misconduct.
 26 August 2020
Lukwago v Talenga T/a Mashall Agents and Court Bailliffs (Civil Miscellaneous Application No. 64 of 2019) [2020] UGHCEBD 10 (26 August 2020)
Court reviewed and set aside an irregularly taxed bailiff’s bill, ordered refund with interest and sanctioned the bailiff.
* Civil procedure — Review — Error apparent on the face of the record — Taxation of costs by Registrar — When review is competent. * Execution law — Court bailiff fees — Judicature (Court Bailiffs) Rules — Scale of fees and permissible disbursements. * Taxation — Illegality and misrepresentation in a bill of costs — Irregular taxation vitiating certificate of taxation. * Public law/discipline — Abuse of office by a bailiff, extortion in execution process — Referral to police and professional sanctions.
 26 August 2020
Kiberu v Matono & Anor (Miscellaneous Application No. 204 of 2020) [2020] UGHCEBD 7 (19 August 2020)
A bona fide purchaser’s ownership defeats attachment in execution; creditor must identify other property for levy.
Execution – Attachment of movables – Effect of intervening bona fide purchases on attachment; Sale of movable property – Passing of property and protection of subsequent purchasers; Remedies – Stay of execution and release of attached property; Costs – Bailiff’s costs payable by judgment creditor (Court Bailiffs Rules 1987 r.13(4)).
 19 August 2020
May 2020
Biira v Uganda/DPP and 2 Others (MA 1261 of 2018) [2020] UGHCEBD 12 (18 May 2020)
Family home occupied by wife and children released from attachment despite husband’s compensation order.
Execution and attachment — Order 22 rules 55–57 CPR — objector proceedings; possession and interest in property; matrimonial/family land; children’s welfare paramount; compensation order under Trial on Indictments Act vs. confiscation under Anti‑Corruption Act (Sections 63/63A); release from attachment when spouse has bona fide interest.
 18 May 2020
Biira v Uganda (DPP) and Another (HC Miscellaneous Application 1261 of 2018) [2020] UGHCEBD 11 (18 May 2020)
Applicant in occupation of matrimonial home had an interest; attachment set aside to protect children and family shelter.
* Civil procedure – attachment objections – Order 22 rules 55–57 – investigation of claims and possession. * Family and property – matrimonial/family land – contribution and occupation as basis for interest despite sole registration. * Children’s welfare – best interests principle and protection of family home against execution. * Distinction between compensation orders (Trial on Indictments Act) and confiscation under Anti‑Corruption Act (Sections 63/63A). * Execution set aside; property released from attachment.
 18 May 2020
February 2020
Ddumba & 2 Ors v Kato (Miscellaneous Application No. 345 of 2019) [2020] UGHCEBD 2 (28 February 2020)
28 February 2020
January 2020
Rwabukuku & 2 Ors v Letshego (U) Ltd (Miscellaneous Application No. 1880 of 2018) [2020] UGHCEBD 1 (20 January 2020)
20 January 2020