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9 Dec 2016

Civil Procedure [2016] UGCA 105

Uganda Peoples Congress and Another v Joseph Bbosa and Others

Uganda Peoples Congress and Another v Joseph Bbosa and Others (Civil Misc. Appln. No. 26 of 2016) [2016] UGCA 105 (9 December 2016)

Court: Court of Appeal of Uganda
Case number: Civil Misc. Appln. No. 26 of 2016
Judge: Kavuma, DCJ

The Court of Appeal found that the applicants had satisfied the requirements for an interim order of stay: a substantive application for stay of execution and an appeal were pending, and there was a real and imminent threat of execution of the High Court orders, evidenced by the freezing of the party's bank account and ongoing actions by rival party factions. The court exercised its inherent jurisdiction under Section 98 of the Civil Procedure Act and Rule 2(2) of the Court of Appeal Rules, guided by Article 126(2)(e) of the Constitution, to prevent irreparable harm and preserve the status qu…

Source excerpt

Interim Stay Of Execution
Party Leadership Disputes
Bank Account Freezing
Appeal Rights
Electoral Process Challenges

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26 Aug 2009

Administrative Law [2009] UGCA 36

Bank of Uganda v Caring for Orphans, Widows & Elderly Ltd

Bank of Uganda v Caring for Orphans, Widows & Elderly Ltd (Civil Appeal No. 35 of 2007) [2009] UGCA 36 (26 August 2009)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 35 of 2007

The Court of Appeal held that the Bank of Uganda acted within its statutory powers under section 118 of the Financial Institutions Act and sections 4 and 6 of the Micro-Finance Deposit-Taking Institutions Act when it froze the respondent's bank accounts. The statutes do not require the Central Bank to give a hearing before taking such action, especially where there is reason to believe the accounts contain proceeds of crime or the respondent is operating without a licence. The respondent's refusal to cooperate with investigations and to provide access to its books constituted prima facie evid…