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Citation
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Judgment date
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| July 2016 |
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Applicant's challenge to eviction failed; prior appeal decided ownership and res judicata bars relief.
Execution law – eviction enforced under prior appeal decree; Order 22 r.55 C.P.R. inapplicable; S.98 C.P.R. inherent powers; Res judicata – ownership already determined on appeal; prior witness statements undermining later contrary claims; multiplicity of suits barred.
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11 July 2016 |
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Extension of time to appeal granted where judgment debtor was not served and reasonably relied on counsel’s advice.
Civil procedure – extension of time to appeal under s.79(1)(b) CPA – good cause/sufficient reason – reliance on counsel’s advice – service of garnishee orders (O.23 CPR) required unless court directs otherwise – discretion exercised where judgment debtor unaware due to lack of service.
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7 July 2016 |
| June 2016 |
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Court granted consequential demolition orders under inherent powers after executed decree was frustrated by respondents' re-occupation.
• Civil procedure – inherent powers (s.98 CPA) – consequential orders to enforce judgment – demolition of structures to give effect to executed decree. • Service – service on last known address and proceeding ex parte where no affidavit in reply filed. • Execution – warrant of vacant possession executed; re-occupation of land justifying further orders.
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28 June 2016 |
| May 2016 |
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Where a decree has been satisfied, a bailiff’s attachment and encumbrance on the title must be removed.
Civil procedure – Attachment and execution – Release of attachment where decree satisfied – Removal of bailiff-registered encumbrance on title; Substituted service by newspaper and ex parte hearing; Effect of delay in execution and absence of affidavit in reply.
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25 May 2016 |
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Objector was in possession at attachment but claim failed because purchaser had taken vacant possession and title disputes require a separate suit.
Civil procedure – Execution – Objector proceedings under O.22 rr.55–57 CPR – inquiry focuses on possession at date of attachment; relief is provisional and does not determine title. Execution – Effect of execution of warrant for vacant possession and purchaser taking possession – purchaser not a party to objector proceedings must be heard; application may be overtaken by events. Property law – matrimonial home claims – protected by prior decree but ownership disputes require substantive suit.
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24 May 2016 |
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Court set aside an excessive bailiff fee, holding the 3% movable-property tariff inapplicable to immovable property.
Bailiffs' fees – application of Schedule 2 of the Bailiffs' scale – distinction between movable and immovable property fees; incorrect application of 3% tariff to immovable property. Taxation – error of law by Taxing Master in applying percentage fee regime inapplicable to immovable property. Civil procedure – preliminary objections on title, amendment and unsigned service; substantive justice prevails over technicalities. Execution – entitlement on attachment and postponement (vacant possession) of immovable property where decree exceeds Shs.120,000/-.
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24 May 2016 |
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Leave to appeal refused where security requirement was uncontested and proposed appeal was frivolous and abusive.
Civil procedure – leave to appeal from interlocutory order – requirement for prima facie grounds that merit serious judicial consideration; Security for stay of execution – court’s discretion under O.22 r.23(3) CPR; Costs – costs follow the event; Abuse of process – frivolous/vexatious appeals.
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19 May 2016 |
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Court granted conditional stay of execution pending appeal, requiring partial security for costs and awarding costs to respondent.
Execution – Stay pending appeal – over-attachment allegations – res judicata objection – security for costs as condition for stay; court cautious not to interfere with matters before Court of Appeal.
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5 May 2016 |
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Stay of execution granted pending appeal subject to deposit of Shs.5,000,000 as security.
Civil procedure – Stay of execution – Conditions for granting a stay – Security for costs and for due performance of decree – Judicial discretion to fix reasonable security amount; full decretal security may stifle appeals.
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5 May 2016 |
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A Registrar cannot set aside his own garnishee order; attachment reinstated pending the commercial court's determination of the award challenge.
Execution—garnishee orders nisi; Powers of Registrars under Order 0.50 C.P.R—may issue execution interlocutory orders but cannot set aside their own orders; Referral to Judge under r.7 required; Arbitration Act vs Arbitration Rules—timing of enforcement and pending applications; Attachment of bank accounts and interlocutory relief pending challenge to arbitral award.
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2 May 2016 |
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Court issued mandamus compelling Treasury to pay UHRC-decreed damages with interest and costs.
Judicature Act – writ of mandamus – execution of Human Rights Commission awards – clear legal right and corresponding duty – Treasury/Attorney General obligation to pay government decrees – interest and costs on unappealed awards.
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2 May 2016 |
| April 2016 |
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Court granted extension to file mandamus application due to negotiations and untaxed costs delaying timely application.
Judicial review – extension of time – r 5 Judicature (Judicial Review) Rules 2009 – mandamus – "good reason" where decree unsatisfied and Bill of Costs untaxed – ex parte application accepted.
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29 April 2016 |
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Court granted stay pending appeal despite no extracted decree where applicant promptly sought proceedings and deposited security.
Stay of execution – conditions for grant (substantial loss, lack of unreasonable delay, provision of security) – Prematurity where no decree extracted or execution pending – Notice of appeal and request for proceedings may justify discretionary stay – Court’s power to impose conditions and award costs.
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29 April 2016 |
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Stay of execution granted pending leave to appeal, conditional on a partial security deposit to protect the decree.
Civil procedure – stay of execution – discretion to grant stay pending appeal – court may impose conditions under Judicature Act; Security for due performance – requirement need not be the full decretal amount if that would stifle appeal; Balancing of respondent’s decree protection and applicant’s right to appeal.
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29 April 2016 |
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Occupation at attachment can protect a customary purchaser from a judicial sale despite a later-registered title.
Execution — objector proceedings — attachment and judicial sale of immovable property — possession at date of attachment decisive. Land law — customary interest/kibanja — occupation and developments as proof of possession despite later registered title. Property law — certificate of title prima facie evidence but not absolute where prior possession and interests exist. Civil procedure — judicial sale not immediately complete; liable to be set aside on appropriate proceedings (O.25 r 57 CPR). Remedies — release from sale where objector proves possession and interest; costs against judgment debtors.
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29 April 2016 |
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Stay of execution refused where applicant failed to diligently prosecute appeal, dismissed for lack of prosecution with costs.
Stay of execution — application dismissed for lack of prosecution where applicant failed to diligently obtain proceedings; O.9 r.22 CPR inapplicable; s.98 CPA preserves inherent powers but does not excuse inaction; costs awarded to respondent.
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25 April 2016 |
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Respondent held in contempt for non‑compliance with instalment order; warrant of arrest issued and costs awarded.
Contempt of court – civil decree – failure to comply with instalment order – committal proceedings and warrant of arrest; validity of affidavit – requirement to appear before Commissioner for Oaths; discretion under s.98 Civil Procedure Act – extension of time; precedence of contempt over related appeals.
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19 April 2016 |
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Stay of execution granted pending appeal provided applicant deposits admitted Shs.143,000,000 as security within two weeks.
Stay of execution – Security for due performance – Reasonableness of security amount – Supreme Court guidance against full payment where appeal may succeed – deposit of admitted sum (Shs.143,000,000) – costs to respondent.
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13 April 2016 |
| March 2016 |
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Stay of execution refused where no appeal or extension application existed and applicants failed to show irreparable harm.
Stay of execution – requirements: likelihood of success, irreparable harm, promptness, balance of convenience – necessity of existing appeal or application for extension/leave to appeal – negligence of counsel not a substitute for procedural compliance – discretionary exercise of stay power.
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15 March 2016 |
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Applicant failed to establish sufficient cause for a stay of execution; amendment permitted by adjournment but application dismissed with costs.
Amendment of chamber summons by adjournment; preliminary objection to amendment; stay of execution—requirements (substantial loss, promptness, security); validity of filed application requires court stamp/signature/fixation; alleged non-service as ground for setting aside ex parte judgment.
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14 March 2016 |
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Sale in execution without depositing the duplicate or special certificate of title is null and void.
Execution — Sale of immovable property — Mandatory requirement to lodge duplicate (owner’s) certificate of title or obtain special certificate under section 48 Civil Procedure Act — Certified photocopy insufficient — Sale without title deposit is a nullity; procedural non‑compliance (expired warrant/advertisement) exposes sale to challenge.
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9 March 2016 |
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Sale after attachment and lack of independent possession cannot defeat a valid attachment in execution.
Civil Procedure – Execution – Objector proceedings under O.22 rr.55–58 and s.98 CPA – central inquiry whether objector was in possession at time of attachment and whether possession was on account of the judgment debtor. Transfer after attachment – purported sale post-attachment cannot defeat valid attachment if possession remains on behalf of judgment debtor. Burden – objector must prove proprietary or possessory interest independent of judgment debtor.
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4 March 2016 |
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A stay of execution was granted pending determination of a challenge to taxed costs due to denial of hearing and jurisdictional issues.
Advocates’ bills of costs — Taxation by Registrar — Right to be heard — Competence of civil reference — Registrar acting ultra vires — Stay of execution pending determination of pending High Court application.
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4 March 2016 |
| October 2015 |
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A review of a Registrar’s ex parte distress order was dismissed for being pursued under incorrect procedural provisions.
Civil procedure – Review of Registrar’s orders – Incorrect invocation of s.83 CPA and O.52 CPR; proper remedies are s.82 CPA and O.46 CPR, or O.9 r.27 (set aside ex parte) and O.50 r.8 (appeal). Article 126 does not permit flouting procedural rules.
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16 October 2015 |
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A bailiff who fraudulently under-declares execution sale proceeds must account to the court and beneficiaries.
Execution law – sale in execution – duty of bailiff to declare true proceeds and account for sale. Civil Procedure Act s.34 – Court/Registrar jurisdiction to determine execution disputes and to investigate complaints arising from execution. Evidence Act s.106 – burden of proof where facts are especially within a party’s knowledge. Agency – a bailiff acts as agent of the Court while executing a warrant and is liable if he exceeds or abuses his authority. Bank records and joint account dealings as evidence of collusion to under-declare proceeds.
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14 October 2015 |
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Court granted a conditional stay of execution of a maintenance order pending appeal, imposing partial payment and security.
Civil procedure – stay of execution – discretionary relief; appeal alone not sufficient for stay; maintenance orders – arrears for necessities; security for due performance; balancing respondent’s need and risk of dissipation.
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2 October 2015 |
| September 2015 |
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Attachment of land not specified as collateral in a consent mortgage order was unlawful against the applicant.
Civil procedure – execution of consent decree – scope of mortgage and collateral – unlawful attachment of land not specified in loan agreement; compliance with O.22 r.51 mandatory for attachment of immovable property.
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11 September 2015 |
| May 2015 |
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A distress for rent after tenancy termination is unlawful and a Registrar lacks statutory authority to issue levy certificates.
Distress for rent – requires subsisting landlord-tenant relationship; distress unlawful after tenancy termination. Statutory authority – only a Chief Magistrate or Magistrate Grade I may issue certificates to authorize bailiffs under the Distress for Rent (Bailiffs) Act; a Registrar lacks that power. Eviction – owner may lawfully evict trespassers using reasonable force. Remedies – unlawful distress requires return of seized goods or compensation; nominal damages and costs recoverable.
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25 May 2015 |
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Distress was unlawful after tenancy ended and the Registrar Execution had no jurisdiction to issue the distress certificate.
Distress for rent – permissibility only while landlord-tenant relationship subsists; Registrar Execution lacks statutory power to issue distress certificates (power vested in Chief Magistrate or Magistrate Grade I); unlawful distress remedies – return of goods, nominal damages and costs; eviction of former tenant as trespasser lawful.
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25 May 2015 |
| March 2015 |
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Objector with documentary lease and development had legal possession; property released from attachment and sale stayed.
Execution — Objection to attachment — Determination hinges on who was in possession at attachment; objector in own possession merits release. Evidence — Admissibility of affidavits by non-parties when relied on by a party. Property law — Expired lease does not necessarily extinguish lessee’s equitable interest where lessee developed the land. Civil Procedure — Order 22 r.57: release of property from attachment where objector had possession in own right.
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13 March 2015 |
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A garnishee order was set aside because the applicant received only three days' notice, breaching Order 23 r1(3).
Civil procedure – garnishee proceedings – requirement of at least seven days' service of order nisi (Order 23 r.1(3)) – non‑compliance renders order vulnerable to setting aside; Registrar’s powers – recalling a warrant vs. setting aside or forbidding enforcement of a garnishee order absolute; Time limits as substantive law – strict compliance required.
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6 March 2015 |
| February 2015 |
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A distress-for-rent certificate cannot be used to evict non-tenants or those claiming proprietary rights; certificate set aside.
Execution law – Distress for rent – certificate of levy – requires clear landlord–tenant relationship and proof of rent default; execution against non‑possessors or non‑tenants is unlawful; courts may investigate and set aside illegal execution despite procedural service objections; disputed proprietary rights must be determined by substantive civil proceedings.
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24 February 2015 |
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An objector in proprietary possession who purchased the land can obtain release from attachment despite an ex parte eviction order against the respondent.
Execution – Objection to attachment; Possession as critical inquiry—whether judgment debtor or third-party in possession; Distinction between possession on own account and possession in trust; Evidence of proprietary right (sale agreement, LC endorsements) as basis for release from attachment; Effect of ex parte decree on third-party purchasers.
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23 February 2015 |
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A Registrar’s consent settlement made without the applicant’s authority can be set aside and is reviewable by a High Court judge.
Civil procedure – Review of Registrar’s orders – High Court jurisdiction to review consent settlements entered by Registrar. Consent settlements – Authority of counsel to bind client – setting aside unauthorized settlements. Execution – Registrar’s lack of power to vary trial decrees; bailiff’s entitlement to costs only after performing duties and taxation of bill.
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20 February 2015 |
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A consent decree binds all defendants and is enforceable absent a court-ordered stay, notwithstanding non-signature claims.
Execution – consent decree – binding effect on all defendants including alleged non-signatories; Appeal without stay does not suspend execution; Registrar of Execution obliged to enforce valid court orders; Persistent baseless objections may constitute abuse of process.
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6 February 2015 |
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An executing court cannot add non-parties or vary a consent decree; 27% interest is simple and unsigned affidavits are invalid.
Execution of consent judgment; joinder of non-party at execution stage; limits of executing court (cannot vary decree or add parties); unsigned affidavit invalid; interest in consent judgment is simple (27% p.a.); burden to prove caveats not withdrawn.
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6 February 2015 |
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A consent order limited to claims in a specific suit does not bar execution of separate decretal costs arising later.
Consent order interpretation; scope limited to specified suit; execution—decree nisi enforceable for separate decretal claims; costs awarded in later proceedings not extinguished by earlier consent order.
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4 February 2015 |
| January 2015 |
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A Registrar Execution must strictly execute a clear decree; title cancellations are for the Registrar of Titles, and post-judgment possession may be contempt.
Execution of decrees – scope and powers of Registrar Execution – must execute decree strictly; where decree is unclear refer back to trial court or judge – Registrar Execution cannot cancel or order delivery of certificates of title (Registrar of Titles’ statutory duty) – injunctions are for trial court – established possession and bona fide occupancy in judgment and confirmed on appeal – post-judgment adverse possession may constitute contempt.
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15 January 2015 |
| December 2014 |
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Execution against a person withdrawn from suit is improper; execution cannot be used to lift the corporate veil.
Execution — Decree debtor — Withdrawal of party during trial — No decree against withdrawn party; execution disallowed. Execution proceedings — Not a forum to lift corporate veil or vary decree. Execution procedure — Registrar exclusively appoints and empowers bailiffs; creditor nomination improper. Limitation (section 36 CPA) raised but not determinatively decided.
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12 December 2014 |
| November 2014 |
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A civil warrant of arrest requires prior notice to show cause; unlawful warrant mandates fresh taxation of bailiff's costs.
Execution procedure – warrant for arrest of judgment debtor – Rule 34(1) CPR – ‘may’ construed to require notice to show cause – natural justice; Bailiffs’ costs – partial execution and stay – remuneration proportionate to work done; Taxation – ex parte taxation and taxation outside Judicature Court Bailiffs Rules (Second Schedule) invalid; Liability for bailiff’s fees – judgment creditor who procured unlawful warrant liable.
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17 November 2014 |
| September 2014 |
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Court dismissed challenge to execution, finding attachment, valuation and sale lawful and objections belated and unsubstantial.
Execution — Warrant specification — Use of "including" and "etc." — ejusdem generis limits unspecified items to same category; Inventory and advert evidence support lawful attachment; Valuation requirement — post-attachment valuation accepted; Sale after warrant validation — fresh advertisement not required if advert issued during valid warrant; Late objections to execution may be barred.
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5 September 2014 |
| July 2014 |
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An occupier who bought and possessed part of registered land before attachment may have that portion released from execution.
Civil procedure – Objector application under O.22 and O.52 – entitlement to remove part of land from attachment based on prior purchase and possession. Evidence – possession, building plans, partition walls and valuer/bailiff reports as proof of proprietary interest despite title remaining in vendor. Contract law – lease covenant against assignment is enforceable by lessor only; third parties cannot rely on contractual breach to invalidate a transfer. Stamps – unstamped sale agreement may affect admissibility but does not negate equitable/material possession. Execution – warrant must properly describe property (land title) rather than a 'house' as a chattel. Remedies – excision of a sub-portion from attachment where remainder suffices to satisfy decree; costs each party own where no notice on title.
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18 July 2014 |
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Applicant proved prior possession of 25 decimals; court excised it from attachment, finding creditor not prejudiced.
Execution — Objector application to extricate part of land from attachment; possession vs title. Civil Procedure — Scope of O.12 r.3; distinction between interlocutory and substantive (objector) applications. Property law — Contractual lease covenants (no assignment without lessor consent) do not render a sale void as against third-party judgment creditors. Evidence — Possession proven by partition/retaining wall, building plan, witness affidavits, photographs, and valuer’s report. Remedies — Excision of portion of attached land where remaining property still satisfies decretal amount; costs each party own when applicant’s interest not registered.
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18 July 2014 |
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Mortgagee validly sold mortgaged land by private treaty after execution warrant lapsed; applicant’s challenge dismissed.
Property law – Mortgagee’s power of sale – Contractual power to sell by private treaty without recourse to court; Execution law – lapse of warrant of execution and effect on subsequent private sale; Locus standi – power of attorney and interest of registered proprietor gives standing to challenge unlawful execution; Bailiff’s returns and taxation – disentitlement where sale occurred outside court warrant.
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8 July 2014 |
| May 2014 |
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Execution Division will not set aside a private sale of mortgaged vehicles handed to the creditor; challenger’s remedy is a fresh suit.
Execution law – Execution Division jurisdiction – Civil imprisonment – Security by delivery of chattels – Enforcement of mortgage – Sale of mortgaged vehicles without court order – Adequacy of affidavit evidence where no summary of evidence filed – Remedy by fresh suit.
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30 May 2014 |
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Application to set aside sale of mortgaged vehicles dismissed; sale occurred outside court process and remedy is a fresh suit.
Execution Division jurisdiction; summary evidence under O.6 r.2 CPR; enforcement of mortgage security; sale of secured vehicles without court order; civil imprisonment and right to be heard; remedy by fresh suit.
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30 May 2014 |
| March 2014 |
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Registrar erred by varying a consent order and ordering arrests without notice; bailiff breached order though payment fell within consent period.
Execution — Consent judgment — Whether Registrar may vary a consent order and order deposit of title before default; Contempt/committal — requirement of notice to show cause and lifting corporate veil before arrest of company officers; Bailiff conduct — payment to creditor contrary to Registrar's direction; Appeal procedure — leave to file out of time validates late appeal.
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24 March 2014 |
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Registrar erred in varying a consent payment order and issuing arrests without notice, though the consent payment remained valid.
Execution – consent decree – security – Registrar lacked power to vary consent terms; attachment and deposit of title unjustified absent default. Contempt – warrants of arrest require prior notice to show cause; cannot arrest corporate directors without lifting corporate veil. Bailiff misconduct – payment to creditor contrary to court order; bailiff accountable. Appeal – not automatically a stay of execution; but Registrar cannot alter consent terms.
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24 March 2014 |
| February 2014 |
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A Registrar’s eviction warrant that diverges from the originating ruling is illegal; execution disputes belong to the judge and extracted orders must conform to rulings.
Civil Procedure – execution – warrant of eviction – requirement that a warrant strictly reflect and be founded on the originating court order or decree. Civil Procedure – extracted orders – Registrar Execution’s duty to verify conformity of extracted order with the ruling; referral back for correction where non-conforming. Civil Procedure – jurisdiction – limits on a Registrar’s power to set aside a predecessor’s execution order; contentious execution matters to be referred to the judge (s.34 CPA; O.50 rr.7–8 CPR). Remedies – illegal execution/warrant of eviction may be set aside and corrected by the court; costs may be awarded against party at fault.
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24 February 2014 |
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Execution warrant for eviction was illegal because the extracted order contradicted the Registrar’s ruling; applicants to pay costs.
Civil procedure – Execution – Attachment before judgment – Warrant of execution must conform to underlying ruling – Registrar Execution’s duty to verify extracted orders – Illegality of eviction warrant not grounded in decree – Procedure for contesting execution orders (s.34 CPA; O.50 rr.4,6,7,8 CPR).
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24 February 2014 |