Sebirumbi v Konde
Sebirumbi v Konde (Civil Appeal 38 of 1994) [1994] UGHC 49 (6 June 1994)
The court held that the arrest and detention of the appellant as a civil debtor was improper because the mandatory requirement to serve a notice to show cause under Order 19 rule 34(1) of the Civil Procedure Rules was not complied with. The court found that the record did not show that such notice was served before the warrant of arrest was issued. Furthermore, the court observed that the appellant was not notified of the date of delivery of the ruling on taxation, and thus could not have known the amount due. Although the respondent argued that the ruling was delivered and the certificate of…
Source excerpt
- Execution Of Decrees
- Arrest And Detention Of Judgment Debtor
- Notice To Show Cause
- Taxation Of Costs
- Subsistence Allowance
- Burden Of Proof