Uganda Case Law

Wandera & 2 Others v Mugenyi & Another

Wandera & 2 Others v Mugenyi & Another (Civil Appeal 11 of 2018) [2022] UGSC 31 (28 January 2022)

Court

Supreme Court of Uganda

Case number

Civil Appeal 11 of 2018

Judge

Arach-Amoko, JSC, Mwondha, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court found that the sale of the appellants' immoveable property was conducted before the expiration of the mandatory 30-day period required by Order 22 Rule 64 of the Civil Procedure Rules, constituting an illegality rather than a mere irregularity. The Court held that the first respondent was directly involved in the execution process, including the identification of properties for attachment and the fraudulent alteration of the execution application from moveable to immoveable property, resulting in excess attachment and unjust enrichment. The Court of Appeal erred in failing t…

Source excerpt

• Execution Of Decree
• Attachment And Sale Of Property
• Illegality In Execution
• Excess Attachment
• Fraud In Execution
• Return Of Property