Buso Foundation Ltd v Bob Mate Phillips & Anor
Buso Foundation Ltd v Bob Mate Phillips & Anor (CIVIL APPEAL NO.40 OF 2009) [2017] UGHCCD 161 (22 December 2017)
The High Court found that the trial Magistrate erred in law and fact by failing to set aside the exparte judgment, having wrongly visited the negligence of counsel on the Appellant and denied it the right to be heard. The Magistrate's court lacked jurisdiction over the employment dispute, which should have been referred to a Labour Officer under the Employment Act. The sale and transfer of the Appellant's property were conducted in contravention of mandatory legal procedures, including failure to notify the judgment debtor, lack of public auction, and improper handling of the certificate of t…
Source excerpt
- Exparte Judgment
- Setting Aside Decree
- Jurisdiction Of Magistrates
- Sale Of Attached Property
- Fraud In Execution
- Restoration Of Property