Uganda Case Law

Nakirijja v Kiwanuka

Nakirijja v Kiwanuka (Criminal Miscellaneous Application 69 of 2023) [2024] UGHCACD 5 (10 July 2024)

Court

HC: Anti corruption Division (Uganda)

Case number

Criminal Miscellaneous Application 69 of 2023

Judge

Okuo-Kajuga, J

The court found that while objector proceedings can be entertained once execution processes have commenced and there is an imminent threat of attachment, the applicant failed to discharge the burden of proof required to establish her interest in the properties. The marriage certificate presented did not bear the applicant's name, and no explanation or supporting evidence was provided to clarify the discrepancy. The letter from the area chairperson only confirmed residency in the zone, not possession or occupation of the specific properties. The applicant did not provide sufficient evidence of…

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• Objector Proceedings
• Matrimonial Property
• Attachment And Execution
• Proof Of Interest
• Possession
• Burden Of Proof

Imaniraguha v Uganda Revenue Authority

Imaniraguha v Uganda Revenue Authority (Miscellaneous Application 2770 of 2023) [2023] UGCommC 220 (4 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2770 of 2023

Judge

Stephen Mubiru, J

The High Court set aside a Deputy Registrar’s recall of a garnishee order, holding the recall was made without jurisdiction and contrary to decisional independence.

• Review Of Court Orders
• Functus Officio
• Garnishee Orders
• Judicial Independence
• Attachment And Execution
• Review-of-orders

Wambaya & 4 Others v NC Bank Uganda Limited & Another

Wambaya & 4 Others v NC Bank Uganda Limited & Another (Miscellaneous Application 593 of 2023) [2023] UGCommC 271 (21 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 593 of 2023

Judge

Anna B. Mugenyi, J

The High Court partly allowed an objector application, releasing land claimed by four applicants from attachment after finding equitable interests from prior sale agreements.

• Objector Proceedings
• Attachment And Execution
• Equitable Interest
• Sale Of Land
• Mortgage Rights
• Objector-proceedings

Mivule and 2 Others v Ndawula and Another

Mivule and 2 Others v Ndawula and Another (Miscellaneous Application 1130 of 2021) [2022] UGCommC 125 (23 March 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1130 of 2021

Judge

Stephen Mubiru, J

The High Court held that land dedicated as a family burial ground was not liable to attachment in execution, and ordered it released from attachment.

• Objector Proceedings
• Attachment And Execution
• Family Burial Grounds
• Trusts In Land
• Objector-proceedings
• Attachment-and-execution

Sebuliba v Instant Cash International Limited & 3 Ors

Sebuliba v Instant Cash International Limited & 3 Ors (Miscellaneous Application No. 2601 of 2018) [2020] UGHCEBD 4 (1 September 2020)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 2601 of 2018

Judge

Wolayo, J

The High Court dismissed an objector’s challenge to execution over Masooli land, upheld the sale, and ordered the balance of proceeds paid out after costs.

• Objector Proceedings
• Attachment And Execution
• Joint Ownership
• Sale Of Attached Property
• Objector-proceedings
• Attachment-and-execution

Biira v Uganda (DPP) and Another (HC Miscellaneous Application 1261 of 2018)

Biira v Uganda (DPP) and Another (HC Miscellaneous Application 1261 of 2018) [2020] UGHCEBD 11 (18 May 2020)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

HC Miscellaneous Application 1261 of 2018

Judge

Gaswaga, J

The High Court held that a family home occupied by the objector and children was matrimonial property and not available for attachment to satisfy compensation.

• Objector Proceedings
• Matrimonial Property
• Attachment And Execution
• Children Welfare
• Proceeds Of Crime
• Compensation Orders

Biira v Uganda/DPP and 2 Others (MA 1261 of 2018)

Biira v Uganda/DPP and 2 Others (MA 1261 of 2018) [2020] UGHCEBD 12 (18 May 2020)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

MA 1261 of 2018

Judge

Gaswaga, J

The court found that the applicant was in possession of the suit property at the time of attachment and held an interest in it on her own account, not merely in trust for the judgment debtor. The property was established as matrimonial property, jointly contributed to and serving as the family home since 2008. Attachment and sale of the property would adversely affect the welfare of the children, contravening constitutional and statutory principles prioritizing children's interests. The compensation order issued against the judgment debtor did not entitle the respondents to attach the matrimo…

Source excerpt

• Objector Proceedings
• Matrimonial Property
• Attachment And Execution
• Children Welfare
• Proceeds Of Crime

Isaac Walukagga v James Balintuma

Isaac Walukagga v James Balintuma (Miscellaneous Application No. 2219 of 2013) [2014] UGHCEBD 8 (18 July 2014)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 2219 of 2013

The High Court allowed an objector application and released 25 decimals of land from attachment, finding the applicant was in possession as owner before execution.

• Objector Proceedings
• Attachment And Execution
• Proprietary Possession
• Sale Of Land
• Leasehold Interests
• Objector-proceedings

Numa Mubi Akulamusa v Friends Estates Lts & Anor

Numa Mubi Akulamusa v Friends Estates Lts & Anor (Civil Applic No. 241 of 2011) [2013] UGHC 32 (21 October 2013)

Court

High Court of Uganda

Case number

Civil Applic No. 241 of 2011

Judge

Kasule, J

The Court of Appeal determined that its role in an application for leave to appeal is to assess whether prima facie there are grounds of appeal that merit serious consideration, without delving into the merits of the underlying case. The High Court's orders had far-reaching consequences, including determinations on ownership and allegations of fraud, and involved parties not present in the original suit. The Court found that the applicant had demonstrated prima facie grounds of appeal, particularly given the complexity and impact of the High Court's findings. Accordingly, leave to appeal was…

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• Leave To Appeal
• Objector Proceedings
• Ownership Of Property
• Attachment And Execution

A-tec Industries (Uganda) Ltd & Anor v Gunter & (Misc. Application No.55/2012)

A-tec Industries (Uganda) Ltd & Anor v Gunter & (Misc. Application No.55/2012) [2012] UGHC 248 (20 November 2012)

Court

High Court of Uganda

Case number

Misc. Application No.55/2012

Judge

Choudry, J

The Objector failed to establish actual or constructive possession of the attached property at the date of attachment. The Memorandum of Understanding relied upon was not a legally binding agreement for assignment of sublease or goods, as it was executed before the Objector company was incorporated and lacked the necessary formalities of a deed and registration. The supporting affidavit was void, as it was not sworn on behalf of the Objector company and there was no Board Resolution authorizing the proceedings. The Objector and judgment debtors were found to be essentially the same persons op…

Source excerpt

• Attachment And Execution
• Company Secretary Authority
• Board Resolution Requirement
• Memorandum Of Understanding
• Assignment Of Sublease
• Wasted Costs Order