Uganda Case Law

Nakiyemba v Ssemugenyi & 4 Ors

Nakiyemba v Ssemugenyi & 4 Ors (Civil Suit No. 397 of 2016) [2018] UGHCLD 39 (10 May 2018)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 397 of 2016

Judge

Kawesa, J

The High Court Land Division lacks jurisdiction to entertain a fresh suit challenging a decree and execution from the High Court Commercial Division, as Section 34(1) of the Civil Procedure Act vests exclusive jurisdiction in the executing court. The Plaintiff's pleadings do not raise sufficient evidence of fraud to invoke the exception allowing collateral attack on a decree; mere allegations are insufficient. Furthermore, the Plaintiff failed to serve summons within the mandatory 21-day period and did not apply for extension of time, rendering the suit fatally defective. The law requires str…

Source excerpt

• Fraudulent Transfer Of Land
• Service Of Summons
• Jurisdiction Of Executing Court
• Challenge To Judicial Sale

Kyagonza v Magadu & Ors (HCT-LD-MA-0046 OF 2017)

Kyagonza v Magadu & Ors (HCT-LD-MA-0046 OF 2017) [2017] UGHCCD 169 (22 November 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT-LD-MA-0046 OF 2017

Judge

Rugadya, J

The High Court dismissed an application to set aside the sale of immovable property in execution, holding that such questions had to be taken to the court that issued and executed the decree.

• Execution Proceedings
• Jurisdiction Of Executing Court
• Res Judicata
• Supervisory Powers
• Setting Aside Sale
• Execution-proceedings