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.
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…
Kajura v Nyamujumbi (Civil Appeal 61 of 2017) [2017] UGHC 8 (28 February 2017)
Court
High Court of Uganda
Case number
Civil Appeal 61 of 2017
Judge
Serunkuma, J
The High Court at Masindi dismissed an ex parte guardianship application because the applicant did not prove the mandatory statutory requirements under the Children’s (Amendment) Act 2016.