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16 Apr 2025

Civil Procedure [2025] UGHC 295

Tororo District Local Government v Mulowoza Kayondo

Tororo District Local Government v Mulowoza Kayondo (Miscellaneous Application No. 41 of 2024) [2025] UGHC 295 (16 April 2025)

Court: High Court of Uganda
Case number: Miscellaneous Application No. 41 of 2024
Judge: Kawesa, J

The court found that the applicant's accounts are held in trust for the public and consist of statutory transfers payable out of the consolidated fund. There was no evidence to distinguish trust from non-trust funds within the accounts. Applying the principle that trust funds cannot be attached for the benefit of a judgment creditor, the court held that the attempted attachment of the applicant's accounts by garnishee order is illegal. The application for stay of execution was entertained solely on the ground of illegality, and the court granted a declaration that the attachment is unlawful.…

Source excerpt

Garnishee Orders
Attachment Of Funds
Public Trustee Liability
Stay Of Execution

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1 Jan 1951

Civil Procedure [1951] EACA 30

Bakor v Bakor

Bakor v Bakor (Civil Appeal No. 66 of 1950) [1951] EACA 30 (1 January 1951)

Court: East African Court of Appeal
Case number: Civil Appeal No. 66 of 1950
Judge: Lockhart-Smith, J, Nihill P, Worley VP

The court held that the Registrar's certificate under rule 3 of the Public Trustee's Rules constitutes a complete and final discharge of the Public Trustee from his duties as administrator of the estate. Consequently, the estate was no longer vested in the Public Trustee, and the beneficiaries were entitled to pursue their respective shares. Section 82 of the Indian Probate Act, which restricts the right to sue to the administrator during the period of administration, was not applicable after the Public Trustee's discharge. The respondent, as a beneficiary, was therefore entitled to recover h…