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12 Mar 2024

Civil Procedure [2024] UGHCFD 8

Kiconco v Mucunguzi & Others

Kiconco v Mucunguzi & Others (Miscellaneous Application 1198 of 2023) [2024] UGHCFD 8 (12 March 2024)

Court: HC: Family Division (Uganda)
Case number: Miscellaneous Application 1198 of 2023
Judge: Nagawa, J

The court found that the 1st and 3rd Respondents were in contempt of a lawful court order issued on 21st August 2023 for the attachment and sale of cattle. The 1st Respondent had knowledge of the order, the ability to comply, and actively obstructed execution through violence and false alarm, thereby failing to comply. The 3rd Respondent, as DPC, had knowledge and the ability to comply but chose to disagree with the order and recommended alternative execution methods, amounting to non-compliance. The 2nd Respondent was not found to have knowledge or ability to comply and thus was not in conte…

Source excerpt

Contempt Of Court
Execution Of Judgments
Warrants Of Attachment
Civil Prison Committal
Alimony Enforcement

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1 Jan 1955

Family And Children [1955] EACA 120

In Re: Ian Douglas Hunter; A debtor: Ex Parte: Minnie Florence Jean Hunter

In Re: Ian Douglas Hunter; A debtor: Ex Parte: Minnie Florence Jean Hunter (Miscellaneous Civil Proceeding No. 61 of 1955) [1955] EACA 120 (1 January 1955)

Court: East African Court of Appeal
Case number: Miscellaneous Civil Proceeding No. 61 of 1955
Judge: CRAM, Ag. J

The Kenya court does not have jurisdiction to vary or discharge the order for permanent alimony made by the High Court of Uganda and registered in England. Jurisdiction to alter such an order remains with the court of the matrimonial domicile at the time of decree, which in this case is the High Court in England. The registration of the order in Kenya for enforcement is a mandatory administrative act, and the respondent has no right to show cause against registration or to appeal from it. The Kenya court retains a limited discretion in enforcement, such as suspending execution or ordering pay…