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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
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