Vivo Energy Uganda Limited v C & A Tours & Travel Operators Limited
Vivo Energy Uganda Limited v C & A Tours & Travel Operators Limited (Miscellaneous Application 2501 of 2024) [2024] UGCommC 350 (21 November 2024)
The court held that garnishee proceedings under Order 23 of The Civil Procedure Rules are a self-contained process that does not require the issuance of a notice to show cause to the judgment debtor, even if more than a year has elapsed since the decree. The judgment debtor is not a necessary party at the order nisi stage, and the process is designed to be ex parte, with the opportunity for the judgment debtor to be heard at the stage when the order nisi is to be made absolute. The existence of a pending cross-appeal by the respondent does not, in itself, bar execution, but the doctrine of ap…
Source excerpt
- Garnishee Proceedings
- Execution Of Decrees
- Notice To Show Cause
- Doctrine Of Approbate And Reprobate
- Clerical Errors In Judgments