Court name
Commercial Court of Uganda
Judgment date
15 September 2004

Mitchell Cotts Freight (K) Ltd v Three Ways Shipping Services (Group) Ltd (Miscellaneous Application-2004/516) [2004] UGCommC 31 (15 September 2004);

Cite this case
[2004] UGCommC 31


THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
MISC. APPLICATION NO. 516/2004
MITCHELL COTTS FREIGHT (K)
LTD:::::::::::::::::::::::::::::::::::: APPLICANT
VERSUS

THREE WAYS SHIPPING SERVICES (GROUP) LTD ::::::::::::RESPONDENT
 

BEFORE: THE HON LADY JUSTICE M.S. ARACH - AMOKO
RULING:

This is an application under S. 1 of the Judgments Extension Act, Cap 12, Section 14 of the Judicature Act Cap 13, S. 98 of the Civil Procedure Act Cap 71 and Order 48 rules 1 and 3 of the CPR, for orders that the decree obtained on 18th August 2002 from the High Court of Kenya at Mombasa, be registered in this Court; and the costs be provided for.

The grounds supporting the application are contained in the affidavit of Waweru
Ndugu sworn on the 19th day of July 2004, but briefly are that:

1.       The Applicant is the Judgment Creditor under the Judgment entered by the High Court of Kenya at Mombasa entered against the Respondent on the 18th August 2002 and the decree issued on the said date in the sum of US $18,112 together with interest and costs.

2.       The High Court of Kenya at Mombasa has Jurisdiction to enter the said Judgment and no appeal is pending before any Court of law there from.

3.       The award and the Judgment are enforceable in Kenya and do not fall in any legal exemption from enforcement.

Mr. Wabwire Anthony presented the Application on behalf of the Applicant. He cited the decision in Misc. Application No. 134/2003 SWITCH GEAR & CONTROLS LTD —VSAQUA PLUMBING (U) LTD where Bamwine J. granted a similar application.

The Judgments Extension Act (Cap 12) Laws of Uganda makes provision for the execution by the Courts of Uganda of decrees and warrants in Court cases made and granted by the Courts of Kenya, Tanzania and Malawi. Section 1 provides that:

1.       Where a decree has been obtained or entered in the Supreme Court of Kenya or in the High Court of Malawi or of Tanzania, or in any Court subordinate to any of those Courts, for any debt, damages or costs, and where it- is desired that the decree shall be executed upon the person or property of the Defendant in Uganda, the decree may be transferred to the High Court or to any of the Courts subordinate to it (hereafter called subordinate Courts) for execution, and the provisions of the Civil Procedure Act for the transfer and execution of decrees shall apply in the same manner as lithe decree had been obtained or entered in one Court and were transferred for execution to another Court within the jurisdiction of the High Court, and all proceedings shall, and may, be had and taken as if the decree had been a decree originally obtained in the High Court or a subordinate Court, and all the reasonable costs and charges with regard to the transfer and execution of the decree shall be recovered in like manner as if it were part of the original Judgment”

In the instant application, the decree sought to be transferred was obtained by the High Court Kenya at Mombasa on the 8th July 2002 for USD 18,112 together with costs and interest. Certified copies of the decree and the certificate of costs are given. The Applicant seeks to execute the decree against the Respondent by way of attachment and sale of the Respondent’s property located in Uganda. From this evidence, it is my Judgment that the Applicant qualifies under the law applicable.

I accordingly grant this application as prayed and order that:

1.       The decree dated 18th July 2002 obtained in the High Court of Kenya at Mombasa be transferred to the High Court of Uganda, Commercial Division, for execution.

2.       Costs of this application be in the cause.

M.S. Arach - Amoko
JUDGE
15/9/2004

Ruling delivered in Court in the presence of:
1. Mr. Wabwire Anthony for Applicant.
2. Mr. Okuni - Court clerk.

M.S. Arach - Amoko
JUDGE
15/9/2004