Okwi v Kirunda
Okwi v Kirunda (Civil Appeal No. 35 of 2008) [2018] UGCA 28 (25 June 2018)
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…
Source excerpt
- Execution Of Judgments
- Sale Of Immovable Property
- Certificate Of Title
- Public Auction Requirements
- Irregular Execution
- Setting Aside Sale