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19 Apr 2024

Civil Procedure [2024] UGHC 222

Kisembo v Bundibugyo Energy Co-operative Society Limited and Another

Kisembo v Bundibugyo Energy Co-operative Society Limited and Another (Civil Appeal 2 of 2022) [2024] UGHC 222 (19 April 2024)

Court: High Court of Uganda
Case number: Civil Appeal 2 of 2022
Judge: Wagona, J

The court found that the sale of motor vehicle Reg No. UG033K was not absolute at the time the objector proceedings were filed, as the application to set aside the sale was made within a reasonable time after the sale. The evidence showed that the motor vehicle was government property, with title remaining with the Ministry of Energy and Mineral Development, and not the 1st respondent. The appellant, as manager and signatory to the memorandum of understanding, was aware of this fact. Therefore, the attachment and sale of the motor vehicle was illegal and could not be used to satisfy the priva…

Source excerpt

Judicial Sale
Execution Of Decree
Objector Proceedings
Attachment Of Property
Government Property
Title And Ownership

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10 Oct 2014

Land And Property [2014] UGHCLD 125

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010)

Attorney General v Mitha & Sons Limited (Misc. Cause No. 10 of 2010) [2014] UGHCLD 125 (10 October 2014)

Court: HC: Land Division (Uganda)
Case number: Misc. Cause No. 10 of 2010
Judge: Luswata, J

The court found that the discrepancy in the affidavit was a typographical error and did not invalidate the affidavit. The repossession letter issued to the respondent was deemed to have the same legal effect as a certificate of repossession, and the respondent, through its duly appointed attorney, exercised effective management of the property within the statutory period. The applicant failed to prove that the powers of attorney were forged or that the respondent did not comply with the requirements of the Expropriated Properties Act. Furthermore, the claim for cancellation of the repossessio…