Nakiyemba v Ssemugenyi & 4 Ors
Nakiyemba v Ssemugenyi & 4 Ors (Civil Suit No. 397 of 2016) [2018] UGHCLD 39 (10 May 2018)
The High Court Land Division lacks jurisdiction to entertain a fresh suit challenging a decree and execution from the High Court Commercial Division, as Section 34(1) of the Civil Procedure Act vests exclusive jurisdiction in the executing court. The Plaintiff's pleadings do not raise sufficient evidence of fraud to invoke the exception allowing collateral attack on a decree; mere allegations are insufficient. Furthermore, the Plaintiff failed to serve summons within the mandatory 21-day period and did not apply for extension of time, rendering the suit fatally defective. The law requires str…
Source excerpt
- Fraudulent Transfer Of Land
- Service Of Summons
- Jurisdiction Of Executing Court
- Challenge To Judicial Sale