Uganda Case Law

Kiconco v Mucunguzi & Others

Kiconco v Mucunguzi & Others (Miscellaneous Application 1198 of 2023) [2024] UGHCFD 8 (12 March 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 1198 of 2023

Judge

Nagawa, J

The court found that the 1st and 3rd Respondents were in contempt of a lawful court order issued on 21st August 2023 for the attachment and sale of cattle. The 1st Respondent had knowledge of the order, the ability to comply, and actively obstructed execution through violence and false alarm, thereby failing to comply. The 3rd Respondent, as DPC, had knowledge and the ability to comply but chose to disagree with the order and recommended alternative execution methods, amounting to non-compliance. The 2nd Respondent was not found to have knowledge or ability to comply and thus was not in conte…

Source excerpt

• Contempt Of Court
• Execution Of Judgments
• Warrants Of Attachment
• Civil Prison Committal
• Alimony Enforcement

Makubuya v Buliamu Muwanga Kibrige t/a Kowloon Garment Industry and Another

Makubuya v Buliamu Muwanga Kibrige t/a Kowloon Garment Industry and Another (Civil Appeal No. 1 of 2015) [2022] UGCA 75 (10 March 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 1 of 2015

Judge

Madrama, JA, Musota, JA, Barishaki, JA

The Court of Appeal found that the schedule to the warrant of attachment was defective due to the ambiguous use of 'ETC', which led to the attachment of property not specifically listed. This defect rendered the warrant ambiguous and resulted in excessive attachment. However, the bailiff executed the warrant as drawn and could not be faulted for following its terms. The valuation of the attached property was reasonable, considering depreciation and wear, and the open market value provided by M/s Systems Engineers was accepted. The appellant's objection to the attachment was filed three months…

Source excerpt

• Execution Of Judgments
• Attachment And Sale Of Property
• Valuation Of Attached Property
• Warrants Of Attachment
• Objections To Execution
• Declaratory Judgments

Uganda Corporation Creameries Limited and Another v Reamation Limited

Uganda Corporation Creameries Limited and Another v Reamation Limited (Civil Reference No. 11 of 1999) [1999] UGCA 75 (29 June 1999)

Court

Court of Appeal of Uganda

Case number

Civil Reference No. 11 of 1999

Judge

Manyindo, DCJ, Twinomujuni, JA, Kitumba, JA

The Court held that Section 47(2) of the Judicature Statute 1996 gives the Court of Appeal full powers to execute and enforce its own orders and judgments, and permits the application of High Court procedures in execution proceedings. The Registrar of the Court of Appeal therefore has the power to issue warrants of execution. The provisions of the Civil Procedure Act relating to execution do not apply to the Court of Appeal except as provided in Section 47. The reference was struck out as incompetent because the underlying issue was academic: the warrant of attachment was never executed, the…

Source excerpt

• Execution Of Judgments
• Powers Of Registrar
• Warrants Of Attachment
• Court Of Appeal Jurisdiction

African Textile Mill Limited v Rock Construction & General Renovators Company Limited

African Textile Mill Limited v Rock Construction & General Renovators Company Limited (Miscellaneous Application 85 of 1992) [1992] UGHC 29 (5 November 1992)

Court

High Court of Uganda

Case number

Miscellaneous Application 85 of 1992

Judge

Kireju, J

The High Court dismissed an application to set aside attachment warrants in an arbitration-related dispute, holding that procedural irregularities were not fatal and the warrants had already been executed.

• Arbitration Award Execution
• Consent Judgment Enforcement
• Warrants Of Attachment
• Irregularities In Execution
• Agency And Advocate Change
• Arbitration-award-enforcement