Uganda Case Law

Tororo Cement Ltd v Zyene Enterprises Ltd and Others

Tororo Cement Ltd v Zyene Enterprises Ltd and Others (Civil Appeal No. 62 of 2017) [2020] UGHC 415 (30 September 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 62 of 2017

Judge

Okalany, J

The High Court held that the Deputy Registrar became functus officio after her initial order directing the Respondent to recover his costs from the Judgment Debtors' properties and could not subsequently order the Appellant (Judgment Creditor) to pay those costs. The subsequent order was therefore made without jurisdiction and was a nullity. Furthermore, the Appellant was not accorded a fair hearing in the taxation of the Respondent's bill of costs, as there was no evidence of service of a taxation hearing notice to the Appellant, violating the rules of natural justice. The Court also clarifi…

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• Execution Of Judgments
• Taxation Of Costs
• Court Bailiffs
• Functus Officio
• Right To Fair Hearing

Akright Projects Ltd v Executive Property Holdings Ltd (HCT-OO-CC-MA 142 of 2009)

Akright Projects Ltd v Executive Property Holdings Ltd (HCT-OO-CC-MA 142 of 2009) [2009] UGCommC 56 (9 April 2009)

Court

Commercial Court of Uganda

Case number

HCT-OO-CC-MA 142 of 2009

The court found that the execution and sale of the applicant's property were fundamentally irregular and unlawful. The bailiff failed to comply with mandatory procedures, including proper advertisement and notice after the stay, conducting a public auction, depositing title deeds and sale proceeds with the court, and registering the renewed warrant. The sale was conducted by private treaty on credit, without transparency or opportunity for competitive bidding, and the proceeds were unlawfully paid to the respondent's advocates. These cumulative irregularities defeated the purpose of court-sup…

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• Execution Of Decrees
• Sale Of Attached Property
• Court Bailiffs
• Auction Procedure Irregularities
• Registration Of Warrants
• Return Of Title Deeds

Kidega Lak v Non-Performing Assets Recovery Trust

Kidega Lak v Non-Performing Assets Recovery Trust (CIVIL APPEAL NO.27 OF 2000) [2001] UGCA 55 (1 January 2001)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO.27 OF 2000

Judge

kato ,JA, Okello, JA, Mpagi-Bahigeine, JA

The Court of Appeal held that the appellant, a court bailiff, was entitled to costs. It set aside the High Court order that each party bear its own costs.

• Costs Award
• Judicial Discretion
• Court Bailiffs
• Execution Of Decrees
• Costs
• Judicial-discretion

Walakira v Micah

Walakira v Micah (Civil Suit No. 625 of 1986) [1994] UGHC 39 (15 July 1994)

Court

High Court of Uganda

Case number

Civil Suit No. 625 of 1986

Judge

Okello, J

The court held that section 35(1) of the Civil Procedure Act does not permit proceedings against a court bailiff as a party to the original suit. Disputes regarding execution by a court bailiff must be brought by a separate suit and not under section 35(1). The established practice of suing court bailiffs in separate suits is proper and should continue, as treating such proceedings under section 35(1) undermines the section's intended purpose of saving time and expense. The preliminary objection was therefore upheld and the application struck out.

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• Execution Proceedings
• Preliminary Objection
• Joinder Of Parties
• Court Bailiffs
• Affidavit Evidence