Binuge Mugisa v Karubanga (HCT-01-CV-MA 67 of 2024) [2024] UGHC 1121 (11 December 2024)
Court
High Court of Uganda
Case number
HCT-01-CV-MA 67 of 2024
Judge
Wagona, J
The High Court at Fort Portal dismissed a review application, holding that some impugned decisions were from a lower court, the applicant cited no valid review ground, and the proper remedy for dismissal in default was readmission, not review.
Matovu v Exim Bank Uganda Limited & 4 Others (Miscellaneous Application 1933 of 2024) [2024] UGCommC 318 (8 October 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1933 of 2024
Judge
Stephen Mubiru, J
The High Court held that mortgaged property may still be attached and sold in execution, and dismissed an objector application over land in Kisugu-Kabalagala.
Jurua v Create Consult Limited (Miscellaneous Application 100 of 2023) [2024] UGHC 809 (29 August 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 100 of 2023
Judge
Acellam, J
An application to set aside or vary a registrar’s warrant of attachment and sale was dismissed. The court held the proper route was objector proceedings and found no proof the property was matrimonial.
Kiggundu v Kaddu (Miscellaneous Application 1515 of 2023) [2024] UGHCFD 31 (1 July 2024)
Court
HC: Family Division (Uganda)
Case number
Miscellaneous Application 1515 of 2023
Judge
Komuhangi, J
The High Court’s Family Division dismissed an ex parte application to release land from attachment and stay eviction, finding no proved possession or interest.
I.T. Office Uganda Limited v Tropical Bank Limited (Miscellaneous Application 617 of 2024) [2024] UGCommC 227 (4 June 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 617 of 2024
Judge
Stephen Mubiru, J
The High Court dismissed an application to stay execution of a bank decree, holding that the pending counterclaim did not justify suspension under Order 22 rule 26.
Baguma v Wandera (HCT-01-LD-MA 85 of 2023) [2023] UGHC 132 (30 November 2023)
Court
High Court of Uganda
Case number
HCT-01-LD-MA 85 of 2023
Judge
Wagona, J
The Respondent failed to comply with the conditional stay of execution granted in Misc. Application No. 36 of 2021, which required deposit of UGX 45,000,000 as security for due performance of the decree within three months. Upon default, execution of the decree was to proceed. The Respondent's subsequent applications for stay in the Court of Appeal were found to be attempts to circumvent the orders of the High Court and did not constitute a valid bar to execution. The Respondent's continued occupation of the property obstructed the execution process and denied access to potential buyers, ther…
Amoko v Wasige & 6 Others (Miscellaneous Application 463 of 2023) [2023] UGCommC 216 (3 May 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 463 of 2023
Judge
Stephen Mubiru, J
The High Court reviewed and set aside an order for sale of land in execution, finding the property was unsellable and that new evidence justified review.
Makubuya v Buliamu Muwanga Kibrige t/a Kowloon Garment Industry and Another (Civil Appeal No. 1 of 2015) [2022] UGCA 75 (10 March 2022)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 1 of 2015
Judge
Madrama, JA, Musota, JA, Barishaki, JA
The Court of Appeal found that the schedule to the warrant of attachment was defective due to the ambiguous use of 'ETC', which led to the attachment of property not specifically listed. This defect rendered the warrant ambiguous and resulted in excessive attachment. However, the bailiff executed the warrant as drawn and could not be faulted for following its terms. The valuation of the attached property was reasonable, considering depreciation and wear, and the open market value provided by M/s Systems Engineers was accepted. The appellant's objection to the attachment was filed three months…
The Supreme Court found that the sale of the appellants' immoveable property was conducted before the expiration of the mandatory 30-day period required by Order 22 Rule 64 of the Civil Procedure Rules, constituting an illegality rather than a mere irregularity. The Court held that the first respondent was directly involved in the execution process, including the identification of properties for attachment and the fraudulent alteration of the execution application from moveable to immoveable property, resulting in excess attachment and unjust enrichment. The Court of Appeal erred in failing t…
Visare Uganda Limited v Grant Thonton Management Limited (Civil Appeal 722 of 2021) [2022] UGCommC 119 (11 January 2022)
Court
Commercial Court of Uganda
Case number
Civil Appeal 722 of 2021
Judge
Stephen Mubiru, J
The court held that although the appeal was filed out of time, it was proper to validate the late filing under Order 51 rule 6 of The Civil Procedure Rules, as enlargement of time would not affect substantive rights. The Registrar erred by failing to ascertain the value of the property to be attached and ensure that only such portion as necessary to satisfy the decree was put to sale, as required by Order 22 rule 14 (4). The attachment and sale of the entire property, when the amount due was ascertainable and corresponded to only 12 units, constituted excessive attachment. The Registrar's omi…
