Uganda Case Law

Green Pastures Ltd v The Cooperative Bank Ltd (In Liquidation)

Green Pastures Ltd v The Cooperative Bank Ltd (In Liquidation) (Miscellaneous Application No. 172 of 2015) [2017] UGHCEBD 26 (15 September 2017)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 172 of 2015

The High Court held that execution initiated in 2014 on a 1990 decree was time-barred, but the court sale to a third party could not be set aside.

• Execution Of Decrees
• Limitation Periods
• Attachment And Sale Of Property
• Liquidation And Receivership
• Restitution And Compensation
• Execution-of-decrees

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Anisuma Traders Ltd v Golf Course Holdings Ltd

Anisuma Traders Ltd v Golf Course Holdings Ltd (Miscellaneous Application No. 36 of 2016) [2016] UGCommC 33 (1 April 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 36 of 2016

The court found that there were serious triable issues regarding ownership of the goods, the legality of distress for rent against third-party property, and the enforceability of the specialty agreement. The applicant demonstrated a prima facie case, as its goods were not shown to belong to Uchumi and were subject to wrongful distress. The court held that selling the goods before determination of ownership would irreparably harm the applicant, potentially destroying its business and reputation, and depriving the court of primary evidence. The balance of convenience favoured the applicant, as…

Source excerpt

• Temporary Injunction
• Distress For Rent
• Ownership Of Goods
• Third Party Property Rights
• Landlord Tenant Disputes
• Liquidation And Receivership

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