Ssettebere v Simbalukire (Miscellaneous Appeal 39 of 2024) [2025] UGCommC 50 (27 February 2025)
Court
Commercial Court of Uganda
Case number
Miscellaneous Appeal 39 of 2024
Judge
Tumusiime Rubagumya, J
The High Court upheld the committal of a judgment debtor to civil prison, finding that notices to show cause were served and no medical proof justified release.
Vivo Energy Uganda Limited v C & A Tours & Travel Operators Limited (Miscellaneous Application 2501 of 2024) [2024] UGCommC 350 (21 November 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2501 of 2024
Judge
Stephen Mubiru, J
The court held that garnishee proceedings under Order 23 of The Civil Procedure Rules are a self-contained process that does not require the issuance of a notice to show cause to the judgment debtor, even if more than a year has elapsed since the decree. The judgment debtor is not a necessary party at the order nisi stage, and the process is designed to be ex parte, with the opportunity for the judgment debtor to be heard at the stage when the order nisi is to be made absolute. The existence of a pending cross-appeal by the respondent does not, in itself, bar execution, but the doctrine of ap…
Rugasira v Rugasira (Family Misc Application 553 of 2022) [2023] UGHCFD 123 (8 February 2023)
Court
HC: Family Division (Uganda)
Case number
Family Misc Application 553 of 2022
Judge
Katunguka Kitariisibwa, J
The High Court granted leave to appeal against its consolidated ruling, finding that the applicant raised an arguable question about whether the applications were validly consolidated.
Ddumba and Another v Bagambe (Miscellaneous Application No. 356 of 2021) [2022] UGCA 11 (27 January 2022)
Court
Court of Appeal of Uganda
Case number
Miscellaneous Application No. 356 of 2021
The Court of Appeal granted protective orders and stayed execution pending determination of an interim stay application, finding a real threat of eviction and arrest.
Davakam Collections Limited v Commissioner for Lands Registration (Misc Cause No. 16 of 2020) [2021] UGHCLD 215 (4 February 2021)
Court
HC: Land Division (Uganda)
Case number
Misc Cause No. 16 of 2020
Judge
Katamba Nkwanga, J
The High Court at Masaka declined an application to remove caveats from land titles, finding the caveators had an equitable interest and deserved a hearing.
Alinda & Anor v African Humanitarian Action (AHA) & Anor (Miscellaneous Application No. 33 of 2020) [2020] UGIC 12 (28 August 2020)
Court
Industrial Court of Uganda
Case number
Miscellaneous Application No. 33 of 2020
Judge
Ruhinda-Ntengye, J, Tumusiime-Mugisha, J
The court held that the application was premature because the Registrar had not first ruled on the notice to show cause. The file was remitted to the Registrar.
Sebirumbi v Konde (Civil Appeal 38 of 1994) [1994] UGHC 49 (6 June 1994)
Court
High Court of Uganda
Case number
Civil Appeal 38 of 1994
Judges
GM OKELLO, J
The court held that the arrest and detention of the appellant as a civil debtor was improper because the mandatory requirement to serve a notice to show cause under Order 19 rule 34(1) of the Civil Procedure Rules was not complied with. The court found that the record did not show that such notice was served before the warrant of arrest was issued. Furthermore, the court observed that the appellant was not notified of the date of delivery of the ruling on taxation, and thus could not have known the amount due. Although the respondent argued that the ruling was delivered and the certificate of…
Gokaldas v Kanji (C.A. 25/1933.) [1937] EACA 10 (1 January 1937)
Court
East African Court of Appeal
Case number
C.A. 25/1933.
Judge
Abrahams CJ, Ag P (Uganda), Horne J, Sheridan CJ
The Court of Appeal held that, under Order XIX rule 19, notice to show cause must be issued before attachment when execution is sought more than one year after decree.