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Uganda Case Law

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Civil Procedure [1952] EACA 278

Maxwell v Kalyanji and Others

Maxwell v Kalyanji and Others (Civil Case No. 762 of 1951) [1952] EACA 278 (1 January 1952)

A chattels mortgagee challenged execution against mortgaged goods, but the court held the originating summons under Order 21 was not the proper procedure.

  • Chattels Mortgage
  • Attachment Proceedings
  • Execution Of Judgment
  • Rights Of Third Parties
  • Originating Summons
  • Court Broker Authority
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Criminal Law [1951] EACA 207

Rex v Mbugeramula

Rex v Mbugeramula (Criminal Appeal No. 101 of 1951 .) [1951] EACA 207 (1 January 1951)

The Court held that after the coming into force of section 303 of the Criminal Procedure Code, 1950, the procedure for forfeiture or confiscation of property in criminal cases is governed by its provisions, which require the court to exercise its discretion judicially and provide an opportunity for third parties, such as innocent owners, to establish their rights to the property. The Court found that the High Court was correct in setting aside the peremptory confiscation order made by the Magistrate without hearing the owner, as the exercise of discretion must be based on the facts of each ca…

  • Forfeiture Of Property
  • Arms And Ammunition Offences
  • Judicial Discretion
  • Revisional Jurisdiction
  • Criminal Procedure
  • Rights Of Third Parties
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