GHC Recycling Limited v Kateeba & 2 Others
GHC Recycling Limited v Kateeba & 2 Others (Miscellaneous Application 645 of 2024) [2024] UGCommC 102 (3 May 2024)
The Applicant failed to prove on a balance of probabilities that the PET bottle crushing line was held by the 2nd and 3rd Respondents on its account. The evidence presented, including conflicting versions of the lease contract and unacknowledged supporting documents, was insufficient and undermined by the Applicant's inordinate delay in asserting its claim. The Court found that the application was likely a collusive attempt to frustrate execution and recovery of the judgment debt. Accordingly, the application to release the PET bottle crushing line from attachment was dismissed.
Source excerpt
- Objector Proceedings
- Attachment Of Property
- Execution Of Decree
- Delay In Claim
- Burden Of Proof