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Civil Procedure [2006] UGCommC 37

Uganda Electricity Board (In Liquidation) v Royal van Zanten (U) Ltd (HCT-00-CC-MA 251 of 2006)

Uganda Electricity Board (In Liquidation) v Royal van Zanten (U) Ltd (HCT-00-CC-MA 251 of 2006) [2006] UGCommC 37 (13 July 2006)

The court held that before making an order for security or attachment before judgment under Order 36 rule 5(1)(a), it must be satisfied not only that the defendant is about to dispose of property, but also that such disposal is with intent to obstruct or delay execution of any decree. The respondent failed to provide evidence of intent on the part of the appellant, a statutory body in liquidation, to defeat the respondent's claim. The law provides that liabilities of such bodies vest in government and are satisfied from divestiture proceeds, thus giving assurance that any decree would be sati…

  • Security For Costs
  • Attachment Before Judgment
  • Statutory Bodies Liquidation
  • Divestiture Liabilities
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.