Mugenyi and Another v Nasuna (Civil Appeal 40 of 2022) [2025] UGCommC 52 (28 February 2025)
Court
Commercial Court of Uganda
Case number
Civil Appeal 40 of 2022
Judge
Tumusiime Rubagumya, J
The High Court dismissed an appeal over a judicial sale, holding that the sale could be set aside because the ex parte judgment underpinning execution had been invalidated.
Okwi v Kirunda (Civil Appeal No. 35 of 2008) [2018] UGCA 28 (25 June 2018)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 35 of 2008
Judge
Owiny-Dollo, DCJ, Egonda-Ntende, JA, Obura, JA
The Court of Appeal found that the sale and transfer of Kyadondo Block 216 Plot 2732 was illegal, null and void because the mandatory requirements under section 48 of the Civil Procedure Act were not complied with. Specifically, neither the duplicate certificate of title nor a special certificate of title was deposited in court prior to the sale, and the special certificate was issued after the sale without proper judicial order or adherence to statutory procedure. The sale was also conducted by private treaty rather than public auction, further violating the Civil Procedure Rules. The High C…