Uganda Case Law

Ol'kalou Stores v Daniel

Ol'kalou Stores v Daniel (Civil Case No. 7 of 1945. Nakuru District Registry) [1948] EACA 52 (1 January 1948)

Court

East African Court of Appeal

Case number

Civil Case No. 7 of 1945. Nakuru District Registry

Judge

Modera J

The Court held that the decree signed by the District Registrar was a nullity, as he neither made nor passed a decree but merely performed an administrative act without jurisdiction. The only valid decree was that signed by the Judge on 6th April, 1948. The application for execution, though filed before the decree was signed, was allowed to proceed after amendment to delete claims for interest, as interest was not part of the consent judgment and section 26 of the Civil Procedure Ordinance did not apply. The Court exercised its inherent power to amend the application to avoid unnecessary expe…

Source excerpt

• Execution Of Decree
• Consent Judgment
• Interest On Judgment
• Administrative Act Of Registrar