THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CIVIL SUIT NO 0086 OF 2002
MILDRED LWANGA……………………………………………………..: PLAINTIFF
ADMINISTRATOR GENERAL AND
UGANDA COMMERCIAL BANK…………………………..……….. DEFENDANT
BEFORE: HON. MR. JUSTICE J.B.A. KATUTSI:
In his argument respondent contends that costs against the administrator General are normally paid out of the estate and that where there is no property the costs are to be paid from the consolidated funds.
Section 36 of the Administrator General’s Act enacts as hereunder:
The garnishee order is a form of attachment. A garnishee order is the order served on a garnishee attaching a debt in his hands.
The effect of attachment is to prevent private alienation of the property to the prejudice of the claims enforceable under the attachment. It does not create any security, charge or lien in favour of the attaching creditor.
A garnishee order is a prohibitory order that prohibits the garnish from giving in this case the money on the account over to the respondent.
As observed by NTABGOBA, PJ. In miscellaneous Application. No. 829 of 2001, the garnishee nisi order has not the effect of forcing the Administrator General to pay from the attached account. The attachment of the account is to force the Government to pay. The respondent does not deny that he is a judgment debtor. It is, I think, just and proper that the respondent is forced to go to Government to set the money to settle the debt. This can only be done by making an order that until payment of the debt, the Administrator General is barred from operating the account he has with the garnishee by with drawing there from any money that would deplete it to the detriment of the applicant. This order I hope will get the desired goal of forcing the Administrator General to take serious steps to get payment from the Government under section 36 of the Administrator General’s Act.
To this extent the garnishee nisi is made absolute. Applicant will get taxed costs of this application. I so order.
Second respondent absent.
Ruling read and delivered.