Uganda Case Law

Engeye Bakery Limited v Byatukoreire T/A Shrew Solutions Limited and Another

Engeye Bakery Limited v Byatukoreire T/A Shrew Solutions Limited and Another (Civil Miscellaneous Application 236 of 2022) [2024] UGHCCD 19 (25 January 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application 236 of 2022

Judge

Musa Ssekaana, J

The High Court found a court bailiff unlawfully over-attached and failed to account for seized property, holding him solely liable and awarding damages.

• Execution Of Decrees
• Court Bailiff Liability
• Over Attachment
• Punitive Damages
• Contempt Of Court
• Execution-of-decrees

Bukonko Traders and Transport Bus Company & Another v Walusimibi & 2 Others

Bukonko Traders and Transport Bus Company & Another v Walusimibi & 2 Others (CIVIL SUIT NO. 167 OF 2016) [2020] UGHCCD 58 (23 April 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 167 OF 2016

Judge

Musa Ssekaana, J

The High Court held that a bus was wrongly attached and sold in execution because it belonged to the plaintiffs, not the judgment debtor.

• Wrongful Attachment
• Execution Of Decree
• Ownership Of Property
• Court Bailiff Liability
• Wrongful-attachment
• Execution-of-decree

Mary Engwau Acanit v Muwanga Jackson t/a Kitavujja General Auctioneers & 4 Ors

Mary Engwau Acanit v Muwanga Jackson t/a Kitavujja General Auctioneers & 4 Ors (Miscellaneous Application No. 1520 of 2013) [2015] UGHCEBD 11 (14 October 2015)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 1520 of 2013

The court found, on a balance of probabilities, that the bailiff, Muwanga Jackson, acting in concert with his business partner, fraudulently under declared the proceeds from the sale of the suit property by failing to disclose an additional U. Shs. 400,000,000/= received as part of the transaction. The evidence, including bank records and a memorandum of understanding, established that the actual sale price was U. Shs. 2,400,000,000/=, not the U. Shs. 2,000,000,000/= declared. The bailiff, as an agent of the court, bore the responsibility to fully account for all proceeds and was solely liabl…

Source excerpt

• Execution Of Decree
• Court Bailiff Liability
• Fraudulent Under Declaration
• Sale By Execution

Alenyo George William v DFCU Bank & 4 Ors (HCCS 697 of 2006)

Alenyo George William v DFCU Bank & 4 Ors (HCCS 697 of 2006) [2011] UGCommC 3 (10 January 2011)

Court

Commercial Court of Uganda

Case number

HCCS 697 of 2006

The High Court dismissed a challenge to the sale of property, finding no strictly proved fraud or illegality and upholding the mortgage to DFCU Bank.

• Execution Of Judgments
• Attachment And Sale Of Property
• Fraud In Property Transactions
• Mortgage Procedure
• Court Bailiff Liability
• Transfer Of Land Title