The Uganda Civil Justice Bench Book

CHAPTER EIGHT
EXECUTIONS

8.1 Introduction.
This chapter is intended to discuss the process of enforcement of court judgments
and orders obtained both from the domestic courts and those granted by foreign courts. The
chapter will entail the entire process a successful party to a suit will go
through to realize the fruits of a judgment right from extraction of the decree until
the actual enforcement.

Execution is the act of carrying out or putting into effect a court order by the successful party.
The decree is executed by the court which passed it or by the court to which the
decree is sent by the former for execution 748.

The court that passes the decree is also entitled to determine any question relating to the
execution, discharge or satisfaction of the decree that may arise and not by a separate suit
as provided under Section 34 Civil Procedure Act.
It is important to note that the decree must be executed within 12 years from its
date749.
There are however exceptions where that time may be extended if the judgment creditor has
been prevented either by fraud or by force 750.

A decree is capable being transferred or assigned under Section 36 C.P.A. The transferee
holds the decree subject to the equities which the judgment debtor may have enforced
against the original decree holder.

The judgment debtor does not cease being liable on a decree merely by reason
of death.
The decree remains enforceable to its full extent against the deceased's


 748
S. 30 Civil Procedure Act
749
S. 35(1) (a) Civil Procedure Act
750
S. 35(2)(b) Civil Procedure Act
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751
legal representative i.e. executor or administrator of the estate or against an intermeddler .

Greatest care must be exercised during execution not to execute against a wrong party as
this may amount to trespass that may create both criminal and civil liability.

Before court entertains execution proceedings, it is prudent that the successful party issues
a notice to the other party to pay the costs and comply with the order.
If the party complies with the orders, there is no need for execution.
If however, the unsuccessful party fails/neglects to comply with the orders, the successful
party may proceed to apply for execution.

8.2 Execution of Decrees and Orders.

Execution may be against a person of the judgment debtor which consists of arresting and
imprisoning him or it may be against the property of a judgment debtor which may take the
form of attaching and selling his property to pay the decree holder. Simultaneous execution
may be refused by the court752.

8.2.1 Application for execution.

The holder of a decree, if he or she desires to execute it, shall apply to the court that passed
the decree or to the court where it has been sent for execution 753.

This application must be in writing. The only exception being for a decree for payment of
money and the judgment -debtor is in the precincts of the court when the decree is passed,
where court will order the immediate execution of the decree by arrest of the judgment
debtor before preparation of the warrant on the oral application of the decree holder at the
time of passing the decree754

The application must conform to the requirements as provided in rule 8(2), failure to do so
court may reject the application or allow the defect to be remedied then and there or within a
time fixed by court's755. If an application is rejected by court it does nor bar the decree holder
from presenting a fresh application as long as it is properly framed. Where an application is
remedied, it shall be deemed to have been an application in accordance with law and
presented on the date when it was first


751
S. 37 Civil Procedure Act
752
Order 22 rule 18 Civil Procedure Rules
753
Order 22 rule 7 Civil Procedure Rules
754
Order 22 rule 8 Civil Procedure Rules
755
Order 22 rule 14(1) Civil Procedure Rules
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presented 756. The amendment made by the decree holder must be signed or initialled
by the judge 757.
After court has admitted the application for execution, court shall direct execution
to issue according to the nature of the execution, except that in the case of a decree
for payment of money the value of the property attached shall, as nearly as may be,
correspond with the amount due under the decree.

8.2.2 Who may apply for execution and against whom?

The application for execution must be made by the decree holder against the judgment
debtor if he or she is living and in the event that he or she is dead, it is applied for against his
or her legal representative. In this case, the decree will not be executed against the person
of the legal representative but rather the property of the judgment debtor that has not been
duly disposed of.

The transferee of a decree may apply for execution where the decree holder has transferred
the decree.

If the decree has been passed jointly in favor of more persons than one, any of such persons
may apply for execution.

8.2.3 Notice before ordering execution.

Generally, the Civil Procedure Rules do not provide for any notice to be issued to
the party against whom the execution is applied for.
However the only exceptions
are758.
a) Where the application for execution is made one year after the date of the decree;
b) Against the legal representative of a party to the decree.
c) Where the decree is for payment of money 759
.
Where the person to whom notice is issued does not appear or does not show cause to the
satisfaction of the court why the decree should not be executed, the court shall order the
decree to be executed.
Where the person offers any objection to the execution of the decree the court shall consider
the objection and make such order as it thinks fit.


756
Order 22 rule 14(2) Civil Procedure Rules
757
Order 22 rule 14(3) Civil Procedure Rules
758
Order 22 rule 19 Civil Procedure Rules
759
Order 22 rule 34 Civil Procedure Rules

The Uganda Civil Justice Bench Book

Where all the preliminary measures as required by the rules have been taken, the court
shall, unless it sees cause to the contrary, issue its process for the execution of the decree.
Every such process shall bear the date of the day on which it is issued, and shall be signed
by the judge or such officer as the court may appoint for this purpose, and shall be sealed
with the seal of court and delivered to the proper officer to be executed.

The officer entrusted with the execution of the process shall endorse on it the day on, and
the manner in, which it was executed, and, if the latest day specified in the process for the
return of the process has been exceeded, the reason of the delay, or, if it was not executed,
and shall return the process with such endorsement to the court.
Where the endorsement is to the effect that the officer is unable to execute
the process, the court may examine him or her as regards his or her alleged inability and
may call and examine witnesses to that effect and record the results.

8.2.4 Orders of execution.

Orders for execution are diverse. The judgment creditor has the option of choosing the one
that is most appropriate in order for him or her to get the fruits of the judgment.

8.2.5 Decrees other than those for the payment of money.

The procedure to be followed in such cases is, once court ascertains that the application for
execution is in proper form, court will issue a warrant for arrest of the judgment-debtor.
If the judgment debtor is arrested in execution of the warrant, he or she must be brought
before the court as soon as practicable.
The court will then make an order committing the judgment debtor to civil prison.
If while in jail, the decree is fully satisfied, the judgment debtor will be released from
detention. Otherwise, he or she will be detained in prison until expiration of the term of his
detention, or unless the decree holder requests the court to release him from detention, or
omits to pay the subsistence allowance of the judgment-debtor.

8.2.6 Execution against property of judgment-debtor.

This may take the form of attachment of the property or sale of the property.
Generally all saleable property belonging to the judgment-debtor or over which disposing
power which he or she may exercise for his own benefit, he or she has a is liable to
attachment and sale in execution of a decree against him. However,
The Uganda Civil Justice Bench Book

Section 44(1)(a), (j) of the Civil Procedure Act provides for exceptions to property that cannot
be attached 760.

8.2.7 Attachment.

[Link] Attachment of debts.

This is a process by which a judgment creditor is enabled to reach money due to him/her
from the judgement debtor,that is in the hands of the third person761.

A garnishee order changes the obligation of the third party to pay the judgment creditor
directly.

[Link] When may garnishee proceedings be instituted?

They may be instituted by any person who has obtained a judgment or order for recovery of
payment of money by an assignee of judgment debt or by representatives of a deceased
judgment creditor who have been made parties to the action in which the judgment or order
in question has been given or made.

Where there is a debt in existence and it is payable by future installments, the garnishee
order may be made to become operative as and when each installment becomes due.
When there is money in the hands of the bank and the bank fails to show why a decree nisi
should not be made absolute.
If the decree is made absolute then garnishee proceedings may be instituted.

[Link] Procedure.
The application for an order for attachment of a debt is made ex parte with a supporting
affidavit. The affidavit must state the following;
:
 The name and address of the judgment debtor
 Identify the judgment to be enforced giving the amount remaining unpaid;
 State to the best of the information or belief if the deponent is within jurisdiction and
is indebted to the judgment debtor and if the garnishee is a deposit taking institution
having more than one place of business, give the name and address of the branch at
which the judgment


 760
Posho Mill v Kenya Sisal Estate [1962]EA 647.
761
Order 23 rule 1 Civil Procedure Rules
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debtor's account is believed to be held; the account number and if any information is
not known to the deponent, it be should stated.
If the order nisi is granted, it is served on the garnishee and judgment debtor unless
otherwise ordered within seven days762

[Link] Effect of the order.

Until service of the order nisi, there is no attachment of the debt.
If the garnishee bonafide pays to the judgment debtor the amount of debt before service, the
order nisi is absolute as there is no longer any debt to which it can attach.

The service of order nisi creates an equitable charge and the garnishee cannot pay the debt
to anybody without incurring the risk of having to pay it again 763.

[Link] Order Absolute.

Court has the discretion to decide whether order nisi should be made absolute.
Court in exercising this discretion must take into account other creditors as far as they are
known to court.
Before court makes an order nisi absolute, there must be a debt praesenti 764

A garnishee order places the judgment creditor in the same position as an assignee of the
judgment debtor and will make him subject to the equities, which exist against debtor.
The garnishee may also obtain execution if the money is not paid in accordance with the
order absolute.

8.2.8 Attachment of movable property other than Agricultural produce.

Where the property to be attached is movable property other than agricultural produce, in the
possession of the judgment debtor, the attachment is by actual seizure, and the attaching
officer keeps the property in his own custody or in the custody of one of his subordinates,
and is responsible for the due custody thereof 765.

 762
Order 23 rule 1 Civil Procedure Rules
763
Galbraith v Grim Shaw and Baxter Baxter [1910]1 KB 339 at 343
764
Bains v Hahmibibi [1957] EA 13
765
Order 22 rule 40(1) Civil Procedure Rules
The Uganda Civil Justice Bench Book

In the event that the property seized is subject to speedy and natural decay, or that the
expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it
at once766.

Movable property in the possession of a judgment debtor will not be attached if the judgment
debtor is only entitled to a share in the movable property, rather court will issue a notice to
the judgment debtor prohibiting him or her from transferring his or her share or interest or
charging it in any way767.

8.2.9 Attachment by seizure.

The decree holder may take the goods of the judgment debtor by actual seizure.
Actual seizure will only take place if there is an order of court for attachment.
Seizure will only be for the goods belonging to the judgment debtor and not those to which
he or she holds on trust on behalf of the beneficiaries.
Seizure entails the court bailiff taking things that can be sold that is corporeal good and not
documents conferring title to property or bank notes. The court bailiff therefore has a duty to
take as much as will reasonably be sufficient to satisfy the debt with interest and costs of the
execution. Anything more than this will render the bailiff liable to the judgment debtor for
excessive execution.

Actual seizure may also take place where a warrant of attachment is executed by affixing it
to the outer door of the warehouse in which goods belonging to the judgment debtor are
stored.

Actual seizure may also take place where the property to be attached is a right to purchase
shares exercisable by the judgment debtor, an order prohibiting him from exercising it and
restraining other parties from receiving an assignment or transfer.

8.2.10 Possession of attached property.

Attached property passes into the possession of the court whether it is taken up into custody
by a court bailiff and in case the court bailiff entrusts it the custody of the decree holder, the
latter holds it as bailee on behalf of the court.

Where the judgment debtor has obeyed the decree and paid all costs, which he or she is
bound to pay, after the goods are seized, thereafter the defendant or someone acting for him
tenders all that are due, and the court bailiff may not proceed to sell the goods.


 766
Order 22 rule 40(2) Civil Procedure Rules
767
Order 22 rule 44 Civil Procedure Rules
The Uganda Civil Justice Bench Book

Where at the end of six months from the date of the attachment, no application to have the
property sold has been made, or, if made, has been refused, the attachment shall cease 768.

8.2.11 Sale.
The power of sale is derived from sections 48-50 of the Civil Procedure Act.
The sale must be conducted by a court official or appointee and must be made by public
auction 769. This rule does not permit a court to order a sale by private treaty except by
consent of the judgment debtor. This is intended to prevent non-arm’s length transactions
that may prejudice the judgment debtor and ensure a minimum measure of public scrutiny.

Notice of sale must be made to the judgment debtor in person and to the whole world by
public notice or advertisement as required under the rules. This notice is mandatory in every
case, and no sale is valid without it. However, any irregularity in publishing the sale of
movable property shall vitiate the sale. The time of sale is fifteen days for movable property
and thirty days for immovable property between the time of publication of notice and sale.
However the time allowed for sale of movable property may be reduced with consent of the
judgment debtor and the time required before the sale of immovable property cannot be
abridged under any circumstances.

The officer in charge of the sale of property under an order of court or the decree holder is
not supposed to take part in the bidding and purchase of the property.

It should be noted that in execution by attachment and sale, both components must be
completed in order to complete the execution. Attachment alone does not complete
execution 770.

S.47 of the Civil Procedure Act restricts a judgment creditor from acquiring title to property
attached in execution except if the acquisition is done with the authority of court.
If however the sale is lawful, the purchaser obtains a good title to the property.


 768
Order 22 rule 28 Civil Procedure Rules
769
Order 22 rule 62 Civil Procedure Rules
770
Hwan Sung Ltd v Tajdan & Ors [2008] HCB 58.
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8.2.1 Attachment of agricultural produce.

A growing crop which from its nature does not admit of being stored shall not be attached at
any time less than twenty days before the time at which it is likely to be fit to be cut or
gathered771.

8.2.13 Procedure for attachment.

This is done by affixing a copy of warrant of attachment on the land on which the growing
crop has been grown or where the produce has been cut or gathered on the barn, stock or
place in which it is stored. The other copy is affixed on the outer door or on some
conspicuous part of the house in which the judgment debtor ordinarily resides, or with leave
of court on the outer door of his or her work place or last known work place or place of
abode. It is at this point that possession of the produce passes to court.

It should be noted that agricultural produce can only be attached if it is in the possession of
the judgment debtor and not a third party. Much as agricultural produce is movable property
the procedure for the actual seizure of movable property cannot be applied here for fear of
causing considerable injury to both parties.
This is why the rules provide for court making arrangements for the custody of the produce
as it deems sufficient.
This is why the applicant should endeavor to specify in his or her application for attaching a
growing crop when the crop will be fit for cutting or gathering772.

As court makes arrangements for the custody of the crop, the judgment debtor should take
the necessary agricultural steps for the maturity or preservation of the crop773. Failure to do
will be taken as neglecting the crop with the intentions of defeating execution and the
interests of justice.

8.2.14 Attachment of immovable property.

Where the property is immovable, the attachment shall be made by an order the property in
way, and all persons from taking any benefit from such transfer or charge. The order also
orders the judgment debtor to deliver up to the court a duplicate certificate of title.


 771
Order 22 Rule 42(5) Civil Procedure Rules
772
Order 22 rule 42(1) Civil Procedure Rules
773
Order 22 rule 42(2) Civil Procedure Rules
The Uganda Civil Justice Bench Book

A copy of the order is served by affixing it on a conspicuous part of the property or be served
on the judgment debtor and further advertised as the court may direct.

For attachment of immovable property to be effective first there must be an order of

attachment and secondly in execution of that order formalities prescribed therein have to be
complied with, that is there must be a prohibitory order restraining the person from in any
way alienating the property sought to be attached. Thus for an order of attachment to
become effective the above conditions must be complied with. A mere order for attachment
is therefore not sufficient to invalidate an alienation made subsequent to the order but before
an attachment is actually effected pursuant to the order.

8.2.15 Attachment of property under receivership.

The appointment of a receiver causes the floating charge to crystallize over the company
efforts. The order is operative from the date the appointment becomes effective.
The receiver is then entitled to possession of company assets, and any interference with this
possession is in contempt of court. Therefore, property under receivership may not be
attached in execution. The title of a receiver prevails over that of judgment creditor that have
not completed their execution. A receiver is, in law, the agent of the judgment debtor
company. The receiver holds property to pay the debts of the company, and therefore, and is
therefore in possession not on behalf of the judgment debtor but for the judgment creditor 774.

8.2.16 Execution against a deceased's estate.

Where a decree is passed against a party as the legal representative of a deceased person,
and the decree is for the payment of money out of the property of the deceased, it may be
executed by the attachment and sale of any such property775.
Where no such property remains in the possession of the judgment debtor, and he or she
fails to satisfy the court that he or she has duly applied such property of the deceased as is
proved to have come into his or her possession, the decree may be executed against the
judgment debtor to the extent of the property in respect of which he or she has failed so to
satisfy the court in the same manner as if the decree had been against him or her personally
776,

 774
Fulgence Mungereza v Ponsiano Lwakataka HCMA No 217/2010
775
S.39 (1) Civil Procedure Act
776
S.39 (2) Civil Procedure Act
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8.2.17 Arrest of judgment debtor.

This may be for different decrees some of which may be for money or those other than for
the payment of money.

A decree for money at times called the money decree is issued by court where one party
fails to pay the amount of the judgment debt plus the costs of the suit.

Under this kind of decree, court shall instead of issuing a warrant for the arrest of the
judgment debtor, issue a notice calling upon him to appear and show cause why he or she
should not be committed to civil prison in execution of the decree (rule34). Where the
judgment debtor appears before court after being arrested in execution of the decree for the
payment of money, and it appears to the court that the judgment debtor is unable from
poverty or sufficient cause to pay the amount of the decree, or the amount of any
installment, court may make an order disallowing the application for his arrest and detention
and order for his or her release.

However, if the judgment debtor appears or is brought before the court and the is satisfied
that the judgment debtor has done any act or behaved in any manner with the object of
delaying or defeating the execution of the decree, or has deliberately failed to satisfy the
decree or the decree against him was passed for a sum which he or she was bound to pay
in a fiduciary capacity, the court may make an order allowing the decree holder's application
for arrest and detention777.

Where a warrant of arrest is issued, it should be executed by an officer of court appointed

accordingly. If the officer goes to execute the warrant and the judgment debtor offers
payment of the amount of the judgment debt as specified in the warrant, the officer should
receive the payment and not execute the warrant. However, if the judgment debtor makes no
payment, then he or she should be arrested and brought before court as soon as is
practicable. If the judgment debtor appears or is brought before court, the court holds an
inquiry.

The judgment debtor must be given an opportunity to show cause why he or she should not
be committed to civil prison. If after holding the inquiry, the court is satisfied that the
judgment debtor has failed or neglected to satisfy the decree or done any act or behaved in
any manner with the object of defeating or delaying the execution of the decree or done any
act or behaved in any manner with the object of delaying or defeating the execution of the
decree or the decree is a sum which fiduciary capacity, the court may make an order he or
she was bound to pay in a committing the judgment debtor to civil prison.


 777
Order 22 rule 37(2) and (5) Civil Procedure Rules
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8.2.18 Considerations for committal to civil prison.

Mere non-payment of the amount stated in the decree is not sufficient to send the judgment-
debtor to prison. The court will consider the following before arresting a judgment debtor778;
 If the conduct of the judgment-debtor is dishonest or contumacious he or she
is liable to be arrested and detained.
 The judgment debtor is not protected if there is an element of bad faith in
his/her conduct. If he or she has the means to pay and still refuses or
neglects to honor his or her obligation under the decree, he or she becomes
liable to imprisonment. In short, honest judgment-debtors must be protected
and dishonest ones should be punished.
The decree holder must ensure that he or she pays subsistence allowance for the judgment
holder while in prison. Failure to pay it, the judgment debtor will be released and cannot be
re-arrested. However, this does not mean that his liability ceases because the decree still
exists and the decree holder can go ahead to execute the decree against the judgment
debtor's property and not against his person.

8.3 Wrongful execution.

An execution is also wrongful where the endorsement on a writ directs the sheriff to levy at a
wrong address or on the goods of a person other than the execution debtor...in such case an
action for trespass lies at the instance of the person aggrieved without proof of malice779
The circumstances when an execution will be wrongful include 780;

a) When execution is neither authorized nor justified by the warrant of execution or by the
judgment or decree which it issued;

b) When the warrant is issued maliciously and without reasonable or probable cause;

c) When unfair means such as procuring of a search warrant are used to enable the court
bailiff to enter the premises of the execution order;

d) When the endorsement on a warrant directs the court bailiff to levy at a wrong address or
on the goods of a person other than the execution debtor;

 778
Sir Dinshah Fardunji Mulla, The Code of Civil Procedure, (Vol 1, 17th edn, Lexis Nexis) 795.
779
Halsburys Laws of England 4th Edition volume 17 Butterworth's London 1976 page 274
paragraph 457
780
M Ssekaana & S Ssekaana, Civil Procedure and Practice in Uganda, Law Africa Publishers
2007, 301
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Wrongful executions are however, not necessarily all void ab into; thus, when a court bailiff
does what he or she has no authority to do, he or she will be liable for the trespass, but the
execution remains good.

8.3.1 Irregular execution.

An execution is irregular when any of the requirements of the rules of court, or of the practice
for the time being, have not been complied with, and the proceedings will be set aside or
amended or otherwise dealt with in such a manner and upon such terms as the court shall
think fit. If a warrant of execution is irregular or ought not to have been issued, the Registrar
will in general set it aside. This however, does not prevent the plaintiff issuing and executing
another warrant.

A title of a bona fide purchaser from the court bailiff will be good though the execution is
irregular, unless it was altogether void781 or the goods were goods of third party and not of
the party against whom the execution issued in which the latter case the owner may recover
even against a bona fide purchaser for value. Irregularity not to vitiate sale but any person
injured may sue.

8.3.2 Remedies for wrongful or irregular execution.

The High Court under section 33 of the Judicature Act has the power to grant remedies to a
party entitled to it in respect of legal or equitable claim properly brought before it, so that as
far as possible all matters in controversy between the parties may be completely and finally
determined and all multiplicities of legal proceedings concerning any of those matters
avoided.

8.3.3 Objector proceedings.

Order 22 rule 55 Civil Procedure Rules gives a party the right to bring an application
objecting to the attachment of any property attached in the execution of any decree on the
ground that the property is not subject to execution and that it should be released from
attachment. This application is in the form of a Notice of Motion accompanied by an affidavit.

In Moses Kamya v Sam Lukwagot 782 an application was brought under order 22 rule 55,
56 and 57 where in a motor vehicle was at the time of attachment and advertisement for sale
in execution of a decree in the main suit, in actual and or constructive possession thereof to
another person. The applicant was holding the


 781
Bushell v Timson [1932]2 KB 79
782
HCMA No.271 of 2010 (Unreported)
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property on his own account. That despite the fact that the bailiffs were warned diligence to
ascertain ownership before hastily conducting attachment of the same. that the said vehicle
was not liable to attachment, they did not undertake in the due Court discussed the issue
whether at the time of attachment; the claimant had any interest in the property attached.
Court stated that the title of the property at the time of attachment is crucial.
It is important to determine what kind of interest the claimant had in the property at the time
of attachment and this interest should not be academic but a right to property. It may be a
right of occupation or proprietary interest capable of protection, Evidence must thus be
adduced to show that at the time of attachment the property was not in possession or held in
trust for the judgment debtor. It is after court is satisfied with that property will be released
under Order 22 rule 57. Court held that the applicant's application being an application for
release from attachment was overtaken by events. The property could not be released to the
applicant as the purchaser prima facie had obtained a good title under the rules of court.
Court ordered the proceeds of the sale of the motor vehicle to be deposited in court.

Order 22 rule 71 Civil Procedure Rules states that no irregularity in publishing or conducting
the sale of movable property shall vitiate the sale; but any person sustaining any injury by
reason of the irregularity at hand of any other person may institute a suit against him or her
compensation, or (if that person is the purchaser) for the recovery of the specific property
and for compensation in default of the recovery. The applicant can thus sue for
compensation or recovery of the property.

8.4 Immunities from execution.

8.4.1 Execution against government.

Before an execution order is issued against government, the judgment debtor should apply
for a certificate or satisfaction order before a registrar after the expiration of 21 days as
provided under section 20 of the Government Proceedings Act.
Such copy of the certificate should be served on the Attorney General by the decree holder.

Where the government official concerned fails/neglects to pay, a judgment debtor may apply
for a mandamus under sections 36 or 37 of the Judicature Act directed towards the public
officer in question requiring him or her to do that for which he or she is under a public duty to
do. In Shah v Attorney General 83 Court noted that a mandamus could issue to the
treasury officer of acts to compel him to carry out the duty upon him to pay.
If the order of mandamus is granted and such officer remains obstinate, court can invoke
contempt of court proceedings by way of an application


 783
1970 Ε.Α 543
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of notice to show cause why the public officer in question should not be committed to civil
prison for non-compliance with the order of mandamus.

Previously, orders of injunction, specific performance and recovery of land could not be
issued against the government. However, in Osotraco Ltd v Attorney Generals785, court
noted that such provisions were not in tandem with the Constitution of the Republic of
Uganda, 1995 and thus had to be construed with necessary modifications. The eviction
order was consequently granted against government.

Government is therefore not wholly immune from execution.

8.4.2 Property not liable to attachment.

S. 44 of the Civil Procedure Act provides for the property that is not liable for attachment;

(a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment
debtor and of his wife and children and such personal ornaments as in accordance with
religious usage cannot be parted with by any woman;
(b) tools of artisans and where the judgment debtor is an agriculturalist, such implements of
husbandry and such livestock and agricultural produce not exceeding in value five hundred
shillings as may, in the opinion of the court, be necessary to enable him or her to earn his or
her livelihood;
(c) Books of accounts;
(d) A mere right to sue for damages;
(e) Any right of personal service;
(f) stipends and gratuities allowed to pensioners of the Government, or payable out of any
service family pension fund as the Minister may, by statutory instrument, specify in this
behalf, and political pensions;
(g) The salary of any public officer, servant of a railway company or local authority, or any
person privately employed to the extent of
(i) The whole of the salary, where the salary does not exceed forty shillings monthly;
(ii) forty shillings monthly, where the salary exceeds forty shillings and does not
exceed eighty shillings monthly; and
(iii) One moiety of the salary in any other case (basically one half);
(h) An expectancy of succession by survivorship or other merely contingent or possible right
or interest;



784 S.14 Government Proceedings Act, Cap. 77
785 HCCS No 1380/1986

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(i) A right of future maintenance;

(j) Any fund or allowance declared by law to be exempt from attachment or sale in execution
of a decree, shall not be liable to attachment and sale.

8.5 Immunities from prosecution.

Section 46(2) of the Judicature Act protects an officer of the court or any person who is
bonded to execute any order or warrant of any judge or person acting judicially from being
sued in any civil court in respect of any lawful or authorized act done in execution of any
such order or warrant. Officers of court with the mandate to execute are court bailiffs. These
generally have immunity when carrying out execution but, this immunity only extends to
doing lawful acts.

A bailiff will be held liable for wrongful execution or irregular execution. In Registered
Trustees of Kampala Archdiocese v Harriet Namakula 786 the applicants filed an
application seeking an order of court to set aside the sale of motor vehicles attached in
execution of a High Court decree seeking to have money realized from the sale deposited.
The application was made against the court bailiff who carried out the sale, and to other
persons who had purchased the vehicles. The applicants alleged that the bailiffs sold the
vehicle at a time when the High Court had made an interim order suspending the sale. The
applicants further alleged that the bailiffs had under sold the vehicles and the proceeds
thereof were paid to the Respondent's advocates instead of the court. One of the issues was
whether the orders sought against the respondents were tenable. Ntabgoba J stated that:
"I think that in cases where the bailiff has acted unlawfully they do not enjoy
immunity,.........where in an execution a party to the case assists, connives or
colludes with the bailiff, resulting in unlawful execution then neither the party nor the
bailiff can escape liability and the court shall invoke section 35(2) of the Civil
Procedure Act to avoid a multiplicity of suits so as to settle the matter within the same
procedure. Examples are not too far to find. They include a situation in which the
judgment creditor identifies the wrong property to the bailiff for attachment, where the
bailiff is privy to the truth. It also involves a situation in which the bailiff colludes with
the judgment creditor to under value the attached property. That where the bailiff,
without the participation or active involvement of the judgment creditor, undervalues
the property and sells it at an under value, unless he can prove that the act was not
willful, then he cannot apply for the immunity".


 786
[1997-2001]UCLR 365
The Uganda Civil Justice Bench Book

Court ordered that the money deposited from the sale be paid to the applicant.

8.6 Stay of execution.

Every judgment or decree of a court of competent jurisdiction takes effect immediately upon
pronouncement and every court has an inherent power to proceed to enforce such judgment
or decree at once. A successful party is entitled to enjoy the fruits of justice immediately
upon pronouncement. Courts of law should not without good reason delay a successful party
from enjoying the fruits of his or her judgment787. However, the court may be moved by a
party to halt the execution process which is termed as stay of execution.

8.6.1 Interim stay of execution.

In Moses Ingura v Law Development Centre788 it was stated that execution is a creature of
statute and cannot be stayed by inference or implication. A party desiring to stay execution
must thus apply for it by Notice of Motion accompanied by an affidavit.

In Stanbic Bank v Atyabya Agencies 789, court noted that where a Notice of Appeal, or an
application or indeed an appeal is pending before the a superior court, it is right and proper
that an interim order for stay of execution be granted in the interest of injustice and to
prevent the proceeding and any order therefrom of the appellate court being rendered
nugatory. The court however noted that an interim order for stay will always be granted
whenever a Notice of Appeal is pending but on the grounds set out in that law namely if it is
necessary for achieving the ends of justice or to prevent abuse of the process of court. It is
not sufficient for the judgment-debtor to say that he or she is vulnerable, because the
successful party may take out execution proceedings. It must be shown that if execution
proceeds there may be some irreparable loss caused. Furthermore, it is a cardinal principle
of our judicial procedure that, save in exceptional circumstances, every party to a dispute
before court for hearing, must be given notice thereof and opportunity to be heard before the
court adjudicates on the dispute. The court will proceed ex parte only when it is satisfied that
proceeding inter-parties is likely to defeat the ends of justice, or when the party given notice
fails to avail itself of the opportunity to be heard.


 787
Membe v Mayoga [2009] 1 HCB 82
788
HCMA No.133 of 2005 (Unreported)
789
SCCA No 31/2004
The Uganda Civil Justice Bench Book

8.6.2 Substantive stay of execution.

Where a suit is pending in any court against the holder of a decree of such court in the name
of the person against whom the decree was passed, the court may, on such terms as to
security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has
been decided 790

A stay of execution only operates to prevent the judgment creditor from putting into operation
the legal process of execution and does not affect any rights or remedies exercisable outside
court reason for depriving a successful decree holder from obtaining the fruits of his
judgment.

Order 43 rule 4(3) of the Civil Procedure Rules, provides that stay of execution may be
granted by court upon being satisfied that:-
a) Substantial loss may result to the party applying for stay of execution unless the
order is made;
b) The application has been made without unreasonable delay. In Mugume v
Akankwasa791 the sale had been complete, the buyer had paid for the house,
proceeds were received by the seller/bailiff and advanced to the respondent through
his counsel, and the application for stay was held to have been made inordinately
late.
c) Security has been given by the applicant for the due performance of the decree or
order as may ultimately be binding upon him or her. The above provision is however
available where an application for stay of execution is made before the expiry of the
time allowed for appealing from the decree to be executed.

The above reasons for stay of execution were re-echoed in Membe v Mayoga792

8.6.3 Automatic stay of execution.

There are circumstances, which have the effect of a stay:
a) An order for winding up a company operates as a stay of execution on judgments
against the company.
b) An order for an interpleader has an effect of stay.
c) A garnishee order absolute made against a judgment debtor and operates as a
stay against the judgment creditor, but a garnishee order obtained against a debt of
the judgment debtor is not a stay against the judgment debtor so long as the
garnishee has not paid under the order.

.
d) When a creditor who has obtained a judgment takes an order for payment in
instalments, he or she cannot afterwards issue execution unless a judgment debtor
fails to comply with an agreed payment schedule unless the judgment debtor fails to
comply with the agreed schedule

 790
Order 22 rule 26 Civil Procedure Rules
791
[2008]HCB160
792
[2009] 1 HCB 82
The Uganda Civil Justice Bench Book

The principle of law to be followed in applications to stay execution is whether substantial

loss would arise from not granting the same and whether the dictates of justice demand
so793. When an order of the High Court to stay on terms has been passed and entered,
subsequent variation of those terms can only be ordered by the Court of Appeal794

8.6.4 Stay of execution pending determination of the appeal to the High Court.

An appeal to the High Court shall not operate as a stay of proceedings under a decree or
order appealed from, nor act as a stay of execution, except as the High Court may order.


793
Nandaula v Uganda Development Bank Limited HCCA No 47/92 (Unreported)
794
Harrison v Harrison [1955]1ALL ER 185.

The Uganda Civil Justice Bench Book

8.6.5 Stay of execution in the Court of Appeal and Supreme Court.

Rule 6(2)(b) of the Judicature (Supreme Court Rules) Directions 95 and the Judicature
(Court of Appeal Rules) Directions provide for stay of execution. Rule 72797 gives court the
discretion to order a stay of execution where a Notice of Appeal has been lodged.

In Administrator General v National Social Security Fund 798 an appeal was instituted
from the High Court to Court of Appeal which appeal was still pending at the time of this
application, but the applicant instituted an application in that same court seeking orders to
stay execution of the decree in the High Court. According to the ruling of the Court of Appeal
in that application, the applicant sought an order "to restrain the 3rd respondents from
disposing of or alienating the property until the appeal is heard". The first respondent
opposed the application in the Court of Appeal principally on the basis that the appeal in that
court was unlikely to succeed as its foundation was bad in law. Court of Appeal dismissed
the application and declined to grant stay of execution. The applicant lodged a Notice of
Appeal intending to appeal against that ruling; consequently this application for stay was
filed. The issues before court were whether court has discretion to order a stay of execution
where a Notice of Appeal has been lodged and whether an application for stay of execution
is automatic? Court held that rule 6(2)(b) of the Judicature (Supreme Court Rules)
Directions, by virtue of which the applicant filed this application, gives court discretion to
order a stay of execution where a Notice of Appeal has been lodged in accordance with rule
72 of the same rules. Such a Notice of Appeal must relate to the decision on the merits of
the case, namely the subject matter of litigation; in this case repayment of the loan and
consequent sale of the suit property. Court held further that the application for stay of
execution is automatic provided a proper Notice of Appeal is in existence. Application for
stay of execution cannot and would not depend on an appeal to this court arising from
refusal by the Court of Appeal to grant a stay. There was no proper Notice of Appeal upon
which this application for stay of execution could be based. In other words, even if the
application could not abate because of the evictions, the court would decline to grant an
interim order for stay.


 795
S.I No.13-11
796
S.I No. 13-10
797
ibid
798
[2009] 1 HCB 15
The Uganda Civil Justice Bench Book

8.6.6 How many Justices hear this application?

Tsekooko JSC stated in Administrator General v National Social Security Fund799 that by
virtue of sub rule 2(b) of the Judicature (Supreme Court Rules) Directions800 applications for
stay of execution are not supposed to be heard by a single justice of the Supreme Court.
However, a single justice may hear an application for stay and issue an interim order
pending a hearing of the main application before a bench of five justices. This practice was
necessitated by the desire to do justice.

Although rule 49 (2) of the Judicature (Supreme Court Rules) Directions 801 excludes
applications for stay of execution from applications that may be heard by a single judge,
application for an interim order is not excluded. However, invoking that interim procedure
must neither be taken as an alternative to, or substitute for, the procedure for obtaining a
stay, which is envisaged under sub-rule (2), nor should it be used to negative the import of
that sub-rule. The interim order ought to be made only in compelling circumstances, to
prevent defeat of justice, and strictly pending ascertained hearing of a substantive
application by the full court802.

8.6.7 Procedure for applying for stay of execution.

An application for stay of execution pending an appeal to the High Court is made by Motion
on Notice while an application for an interim stay of execution ex parte is made by summons
in chambers803.

In the Court of Appeal and Supreme Court, the application is by Notice of Motion
accompanied by an affidavit804. There is need to apply for an interim order for stay of
execution. For this application to succeed, it is sufficient to show that a substantive
application is pending and that there is serious threat of execution before the hearing of the
pending subtantative application. It is not necessary to pre-empt considerations taken in
deciding the substantive application for stay of execution 805.



799 [2009] 1 HCB 15
800 S.I No.13-11
801 ibid
802 Stanbic Bank Uganda Ltd v Atabya Agencies Ltd SCCA No. 31/2004 (Unreported)
803 Order 43 rule 4(5) Civil Procedure Rules
804 Rule 42 (1) Judicature (Supreme Court Rules) Directions, SI 13 11 and Rule 43(1) Judicature
(Supreme Court Rules) Directions, SI 13_10
805 Hwan Sung Ltd v Tajdan Merali [2008]HCB 58.
The Uganda Civil Justice Bench Book

8.7 Enforcement of foreign judgments.

With the ever increasing trans-border transactions, disputes occur all the time. Some of
these disputes are adjudicated upon and determined by courts in jurisdictions all over the
world. The successful parties at the end of the day need to have the fruits of the judgments
that have been determined in their favour realized.

Uganda has reciprocal understanding with a number of nations in terms of procedures of

how judgments, decrees and orders granted by the courts in these jurisdictions can be
enforced in Uganda and vice versa.

The law lays down various procedures that need to be complied with before such judgments,
orders and decrees passed by courts in other jurisdictions with which Uganda has an
understanding can be enforced in Uganda.

8.7.1 Enforcement of judgments under the Foreign Judgments (Reciprocal

Enforcement) Act (Cap. 9).
By the Foreign Judgments (Reciprocal Enforcement) (General Application) Order SI
35/2002, Cap. 9 applies to judgments obtained in the courts of territories of the Common
Wealth as well as to those obtained from other foreign countries which accord reciprocal
treatment to judgments given in Uganda 806.

However before a judgment obtained from the courts of the said countries can be
registered, the judgment must be one granted by the superior courts of that particular
country 807, Superior courts are those given by the High Court, the Court of Appeal, and the
Supreme Court 808.

The judgment must be final and conclusive between the parties, there must be a sum
payable in respect of payable under the judgment a sum of money not being taxes. A
judgment is said to be final and conclusive not withstanding that an appeal may be pending
against it or that it is still subject to appeal in the courts of the country of the original court 809.



806 Order 2 of the Foreign Judgments (Reciprocal Enforcement) (General Application) Order SI
35/2002,
807 S2(2) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
808 S 1 (f) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
809 S 2(3) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
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8.7.2 Application for leave to have a foreign judgment registered,

A judgment creditor is granted the authority to within six years from the date of judgment
apply for leave in the High Court of Uganda to have the judgment registered in the High
Court810.

The time within which to apply for leave to have a foreign judgment registered can be
extended upon proof of sufficient cause. Sufficient cause depends on the circumstances of
each individual case.

This was discussed in Bank of Uganda v Transroad Ltd811. This was an appeal against
refusal by the lower courts to grant an application to extend time within which to apply for
leave to register a judgment passed in London. The background of the case was that the
government of Uganda agreed to pay to the appellant about USD 5million if the appellant
transported railway wagons and spares from India to Mombasa. Payment was to be effected
through the respondent in eight installments. The respondent only made three. The appellant
obtained an ex parte judgment against the respondent in England in 1990. The judgment
was served on the respondent who offered to pay the debt without use of foreign currency.
In 1994, the respondent changed its mind and raised other issues instead of paying. The
applicants decided to file for leave to register the judgment in Uganda out of time for
execution purposes as they realized that they may never be paid. The trial judge while
denying to grant the applicant the application to extend time, held that the delay to register
was inordinate. The Supreme Court while allowing the appeal held that the learned trial
judge in the High Court was wrong to hold that the delay to register the judgment was
inordinate because looking at the history of the case, it was the respondent who had given
the appellant the impression that it was about to pay the debt and that therefore, it was not
necessary to register the judgment for execution.

A judgment however can only be registered if it has not yet been wholly satisfied and if is
capable of enforcement in the original court. Once the judgment is registered, the execution
process ensues as if the judgment had been given by a superior court in Uganda812.

Upon application by the judgment creditor to have the judgment registered, he or she is
under the obligation to deposit security for the costs of the application and



810 S 3(1) of Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
811 SCCA 3/1997 (Unreported)
812 S 3(2) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
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of any proceedings which may thereafter be brought to have the registration of the judgment
set aside813.

8.7.3 Mode of application for leave to have the foreign judgment registered.

The application for leave to have the judgment registered is by Notice of Motion supported
by an affidavit and it is heard ex parte814

The affidavit must contain;

 A statement made according to the best knowledge and belief of the deponent that
the applicant is entitled to enforce the judgment,
 That at the date of the application the judgment has not been satisfied in part, and if
so satisfied in part, there is an amount of money remaining unpaid,
 That at the time of making the application the judgment can be enforced by execution
in the original court, and that if the judgment were to be registered, it would not be
liable to be set aside 815.
 The affidavit also ought to state the amount of interest if any which under the law of
the country of the original court has become due under the judgment up to the time of
registration,
 A statement as to the full names, title, trade, last known address and all the relevant
details about the judgment debtor as well as the judgment creditor,
 Plus a statement of the amount payable under the judgment expressed in Ugandan
shillings calculated at the current exchange rate 816,
The affidavit has to be accompanied by a certified copy of the judgment issued by the
original court and authenticated by its seal and where the judgment is not in the official
language, a translation of the judgment certified by a notary public or authenticated by
affidavit 817.

8.7.4 The order granting leave to register the foreign judgment.

Once court grants the order of leave to have the foreign judgment registered, the order must
state the period within which an application may be made to have the registration set aside
and shall contain a notification that the execution of the



813 Rule 3 of the Foreign Judgment (Reciprocal Enforcement) Rules SI 9-1
814 Rule 4(1) Foreign Judgment (Reciprocal Enforcement) Rules
815 Rule 3(a) Foreign Judgment (Reciprocal Enforcement) Rules
816 Rule 4(3) Foreign Judgment (Reciprocal Enforcement) Rules
817 Rule 4(4) Foreign Judgment (Reciprocal Enforcement) Rules
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judgment will not issue until after the expiration of that period. This period can however be
extended upon sufficient cause being shown818. The judgment creditor has the right to be
served with the notice of registration of the judgment. The notice should state the full
particulars of the judgment registered and the order for registration. The names and address
of the judgment creditor or those of his or her advocate, the right of the judgment debtor to
apply to have the registration of the judgment set aside, and the time within which such an
application ought to be made819.

Once the time within which an application to have the registration set aside has expired and
no such application has been made or where the time has been extended and the extended
time has expired, or after the application to have the registration set aside has been
disposed of in favour of the judgment creditor, then the execution process ensues as though
the judgment had been obtained from a superior court in Uganda 820. However, the judgment
creditor must first show proof of service of the notice of registration to the judgment debtor
before he or she can embark on the execution process821. The judgment debtor reserves the
right to apply to the court that issued the order granting leave for registration to set aside the
registration. He or she however has to do this within the time stipulated in the order or where
sufficient reasons suffice make an application to have the time extended.

8.7.5 Format of application for setting aside the registration.

The application for setting aside the registration is by Chamber Summons supported by an
affidavit822

8.7.6 Grounds for setting aside a registered judgment.

On an application made by any party against whom a registered judgment may be enforced,
the registration of the judgment can be set aside if the registering court is satisfied that any
one of the following grounds has been satisfied 823.
A judgment may be set aside if it is one that was passed by a court from a Non Common
Wealth Country which at the same time does not have a reciprocal arrangement with
Uganda. It may also be set aside if the court that passed it had no jurisdiction



818 Rule 5 of SI 9-1
819 Rule 7 and 8 of SI 9-1
820 Rule 11 (1&2) of SI 9-1
821 Rule 11(3) of SI 9-1
822 Rule 10 of SI 9-1
823 S 5 of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
The Uganda Civil Justice Bench Book

in the circumstances of the case 824. The original court is said to have jurisdiction if the
judgment debtor submitted to the jurisdiction of the court825. A question that arises then is
what amounts to 'submission to the jurisdiction of a court'. Case law has laboured to define
the phrase. This was done in Bank of Uganda v Transroad826. This was an appeal against
the lower court's judgment to the effect that the appellant had submitted to the jurisdiction of
the court in the United Kingdom and that as a result, its registration could not be set aside.
The background of the case was that the appellant breached a contract between itself and
the respondent. Consequently, the respondent filed a suit against it in the United Kingdom.
However, the appellant never attended the proceedings and an ex parte judgment was
passed against it. Later on, the appellant attempted to make an application in the court in the
United Kingdom disputing the jurisdiction of the court to entertain the matter between it and
the respondent. Before the application could be heard, the parties came to an understanding
by way of a consent order. Its effect was that the application disputing the jurisdiction of the
United Kingdom Court would be withdrawn and a plan in which the appellant was going to
pay its debt to the respondent was charted. The appellant never honoured its obligation of
paying the debt and the respondent applied to have the judgment registered in Uganda for
enforcement purposes. The appellant contested the registration on grounds that it had not
submitted to the jurisdiction of the original court. The High Court and the Court of Appeal
were of the view that by entering into a consent order dismissing the application to set aside
the judgment, the appellant had submitted to the jurisdiction of the original court. The
Supreme Court while considering the same question cited Re Dulles Settlement (No 2)
Dulles v Vidler 827 where it was concluded that

"...where a defendant voluntarily appears in a case in a foreign court and takes some
action in the case, without contesting jurisdiction, such a defendant is taken to have
submitted to the jurisdiction of that court and puts himself in a position that must obey
the orders of such a court. If the defendant contests jurisdiction but also takes some
other action related to the merits of the claim, he will be taken to have submitted to
the jurisdiction of the court and therefore obliged to obey the order of that court. But
when he only appears with the sole object of protesting


 824
S5 (1) (a)(ii) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
825 S5 (2) (a) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
826 Supreme Court Civil Appeal No 3/1997 (Unreported)
827 (1951) 1Ch 842
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jurisdiction, he cannot be said to have submitted to the jurisdiction of such a court."

The Supreme Court consequently while holding that the appellant never submitted to the
jurisdiction of the original court, observed that in this particular case, since judgment had
already been given by the original court, the appellant could only submit to jurisdiction on
appeal to a higher court on the merits. That in any case, the sole reason for attempting to
make an application in the original court was to protest the jurisdiction and that according to
the authorities, appearance merely to protest the jurisdiction does not amount to submission.
That in its opinion, the appellant submitted to the jurisdiction to decide whether the UK Court
had jurisdiction to determine the matter but did not submit to the jurisdiction to deal with the
matter. Thereafter, the appellant did nothing regarding the matter, they did not appeal, and
thus there was no submission. Regarding the negotiations and the consent order between
the parties, negotiations between parties to settle any liabilities outside the court do not
amount to submission to the jurisdiction of the court. Court has no authority on any
negotiations between the parties unless they are embodied in an order of court.

The same matter arose in Re Sir John Bagaire 828. The background of the case was that an
action to enforce a written guarantee against Sir John Bagaire was filed in the UK Queen's
Bench division. The suit proceeded ex parte and the defendant never showed an intention to
defend the same. In an application to have it registered in Uganda, registration was denied
because the suit in the original court was ex parte and therefore the respondent had not
voluntarily submitted to the jurisdiction of the original court.

What, however remains unclear is whether in all cases, ex parte judgments amount to non-
submission to jurisdiction by the defendants. If this is the case, then it may pose a challenge
as it would amount to offering a lee way to defendants to dodge liability for their actions or
omissions. It is however clear that where the parties agree beforehand that a particular court
will have jurisdiction, whether the matter is heard ex parte or not is irrelevant as prior
agreement between the parties indicates voluntary submission to the jurisdiction of courts in
a particular territory829

The original court is also said to have had jurisdiction if the judgment debtor was plaintiff in
or counterclaimed in the proceedings in the original court830.



828 HCMA 261/1994 (Unreported)
829 S5(3)(b) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
830 S 5(2) ii of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
The Uganda Civil Justice Bench Book

This also occurs where the judgment debtor had before the commencement of the
proceedings agreed in respect of the subject matter of the proceedings to submit to the
jurisdiction of that of the courts of that country 831.

Another circumstance where the court is deemed to have had jurisdiction happens where the
judgment debtor was at the time when the proceedings were instituted resident in or being a
body corporate had its principal place of business in the country of that court832.
 A registered judgment may also be set aside where the judgment debtor,
being the defendant in the proceedings in the original court, did not (not
withstanding that process may have been duly served on him or her in
accordance with the law of the country of the original court) receive notice of
those proceedings in sufficient time to enable him or her to defend the suit833.

 It may also be set aside where the judgment was obtained by fraud 834.
 Another ground is where the enforcement of the judgment would be contrary
to public policy in the country of the registering court835.
 Registration of a judgment may also be set aside where the rights under the
judgment are not vested in the person by whom the application for registration
is made836.
 It may also be set aside if the registering court is satisfied that the matter in
dispute in the proceedings in the original court had previously to the date of
the judgment in the original court been the subject of a final and conclusive
judgment by a court having jurisdiction in the matter837.
It is very important to note that by all means the registering court has no right of entering the
merits of the judgment as this is a preserve of the original court. In Patel v Bank of Baroda
838
the applicant a judgment debtor applied for registration of judgment to be set aside. His
argument was that the court in England applied repealed laws. The court held that court
cannot enter into the judgment itself. That if a party wants to oppose the judgment, then the
right court was the original court that passed the judgment.

The registering court is also clothed with the mandate to set aside or adjourn the application
for setting aside the judgment on such terms as it may think just until



831 S 5 (2) (iii) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
832 S 5 (2) (iv) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
833 S 5 (1) (a) (iii) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
834 S 5 (1) (a) (iv) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
835 S5 (1) (a) (v) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
836 S5 (1) (a) (vi) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
837 S 5 (1) (b) of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
838 (2001) 1 EA 189
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after the expiration of such period as appears to the court to be reasonably sufficient to
enable the applicant to take the necessary steps to have the appeal disposed of by the
competent tribunal 839.

8.8 Enforcement of judgments under Reciprocal Enforcement of Judgments Act (Cap.

21).
By the Reciprocal Enforcement of Judgments (Extension) Order SI 21-1, Cap. 21 applies to
judgments obtained in the superior courts of UK, Ireland, Botswana, Lesotho, Mauritius, New
South Wales, Seychelles, Sri Lanka and Swaziland 840,
8.8.1 Time within which to apply for registration of the foreign judgment.
The application for registration must be made within twelve months after the dateof the
judgment or such longer period as may be allowed by the court to have the judgment
registered 841.

However, the judgment cannot be registered if any of the following is found to exist-
 The original court acted without jurisdiction;
 The judgment debtor was neither carrying on business nor ordinarily resident
within the jurisdiction of the original court;
 The judgment debtor did not voluntarily appear or submit or agree to submit
to the jurisdiction of that court;
 The judgment debtor was not dully served with the court process of the
original court;
 The judgment was obtained by fraud;
 The judgment debtor satisfies the registering court either that an appeal is
pending or that he or she is entitled and intends to appeal against the
judgment;and
 That the judgment was in respect of a cause of action which for reasons of
public policy could not have been entertained by the registering court842.

Once the judgment gets registered, it shall have the same force and effect as if it had been
obtained from the registering court and all the costs including the costs



839 S6 of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 9)
840 Schedule to the Reciprocal Enforcement of Judgments (Extension) Order SI 21-2 read
together with 2 (1) of the Reciprocal Enforcement of Judgments Act (Cap. 21)
841 S 2(1) of the Reciprocal Enforcement of Judgments (Cap. 21)
842 S2 (20 of the Reciprocal Enforcement of Judgments (Cap. 21)
The Uganda Civil Justice Bench Book

of and incidental to the registration of the judgment shall be recoverable in like manner as if
they were sums payable under the judgment 843.

8.8.2 Application for leave to have a foreign judgment registered.

The application for leave to have the foreign judgment registered is by Originating
Summons and ought to be supported by an affidavit containing the facts exhibiting the
judgment or a certified copy of it, stating to the best of the informational and belief of the
deponent that the judgment creditor is entitled to enforce the judgment844. The affidavit
should also state that the judgment does not fall into any of the above mentioned instances
where a judgment cannot be ordered to be registered.

8.8.3 Order granting leave to have the judgment registered.

Once the order granting leave to have the judgment registered is granted, it ought to state
the time within which the judgment debtor is to be entitled to apply to set aside the
registration 845. Notice in writing of the registration has to be personally served onto the
judgment debtor within a reasonable time after the registration 846. The notice ought to be
detailed as regards the particulars of the judgment registered, the order of registration, the
address of the judgment creditor, and should also state the debtor's right to apply to have
the registration set aside within the time stipulated in the order847.

8.8.4 Application to have the registration of the judgment set aside.

The judgment debtor has the right to within the time stipulated in the order; apply by
Chamber Summons to have the judgment set aside. He or she however has to show
sufficient cause before the registration can be set aside 848

No execution shall issue on a judgment registered until after the expiration of the time within
which to make an application to have the registration set aside 849.


 843
S 2(3) of the Reciprocal Enforcement of Judgments Cap. 21
844
Rule 2 and 3 of the Reciprocal Enforcement of Judgments SI 21-1
845
Rule 7 Reciprocal Enforcement of Judgments
846
Rule 10 Reciprocal Enforcement of Judgments
847
Rule 11 Reciprocal Enforcement of Judgments
848
Rule 12 Reciprocal Enforcement of Judgments
849
Rule 14 Reciprocal Enforcement of Judgments
The Uganda Civil Justice Bench Book

8.9 Enforcement of decrees and warrants under the Judgments.

Extension Act (Cap. 12).
The Judgments Extension Act (Cap. 12) applies to decrees and warrants obtained or
entered into by the Supreme Court of Kenya or the High Court of Tanzania or any court
subordinate to any of these courts 850.

8.9.1 Procedure of having the decree enforced.

Such decree is able to be executed if it has been transferred to the High Court in Uganda or
any of the courts subordinate to it. Once the decree is transferred, the provisions of the Civil
Procedure Act regarding the transfer and execution of decrees start to apply in the same
manner as if the decree had been obtained or entered in one court and was transferred for
execution to another court within the jurisdiction of the High Court.

All the proceedings are taken as if the decree had been a decree originally obtained in the
High Court or a subordinate court and all the reasonable costs and charges with regard to
the transfer and execution of the decree are recoverable in the same manner as if they were
part of the original judgment.

8.9.2 Practical procedures involved.

The practical aspects involved in this process are that the judgment creditor who intends to
have the decree executed in Uganda has to first extract the decree from the respective court
that made the judgment.

Armed with a certified copy of the decree plus all the relevant documents such as a certified
copy of the judgment, the ordinary execution process (in transfer and execution of decrees)
as seen in chapter seven above ensues.
It is important however for the judgment creditor to clarify in his or her pleadings that the
execution process is being conducted under the Judgments Extensions Act (Cap. 12).



850 S1 of Cap. 12
The Uganda Civil Justice Bench Book

8.10 Enforcement of orders under the Maintenance Enforcement

Act (Cap. 17).
A Maintenance order means an order for the periodical payment of sums of money toward
the maintenance of a wife or other dependents of the person against whom the order is
made851.

Under the Maintenance Enforcement Act (Cap. 17), maintenance orders made by courts in
England, Northern Ireland, the Republic of Ireland and the Common Wealth countries
specified under the schedule to the Maintenance Orders Enforcement
(Extension) Order SI 17-2, are made enforceable in Uganda852.

On the other hand maintenance orders made by courts in Uganda are also enforceable in
the countries mentioned above if the person against whom an order has been made is
resident in any of the said countries853.

8.10.1 Procedure for Enforcement of a Maintenance order.

Where the order has been made by the courts of any of the countries mentioned above, the
Secretary of State of that particular country has the obligation to transmit a copy of the order
to the Minister of Justice and Constitutional Affairs who in turn sends a copy to the Chief
Registrar of the High Court if the order was granted by a superior court or to a Magistrate if
the order was made by court which is not superior.

On receipt of the order, it shall be registered and from the date of registration takes the same
force and effect as though it had been granted by the registering court. 854 Such an order is
then enforceable in alike manner as if it were a decree for payment of a civil debt under the
Civil Procedure Act (Cap. 71)855.

Once the order is registered, the court has the power to direct that all payments due under
the order be made through an officer of the court or such other person as it may specify for
the purpose 56 Such a person has the duty of collecting the monies due and also has the
power to take proceedings in his or her name for enforcement of


 851
S 1 (c) Maintenance Enforcement Act (Cap. 17)
852
S.2 Maintenance Enforcement Act (Cap. 17)
853
S 3 Maintenance Enforcement Act (Cap. 17)
854
S 2(1) Maintenance Enforcement Act (Cap. 17)
855
S 6(2) Maintenance Enforcement Act (Cap. 17)
856
Rule 6 of the Maintenance Orders Enforcement Rules SI 17-1
The Uganda Civil Justice Bench Book

payment of such monies. After collecting the monies, it is then sent to the Minister for
transmission to the court from which the order originally issued 857.

8.10.2 Enforcement of maintenance orders granted by Ugandan

courts against residents of foreign states.
When it comes to the enforcement of orders made by the courts in Uganda against persons
resident in any of the territories mentioned above, the court has the duty of sending the
certified copy of the order to the Minister who in turn has the duty of transmitting it to the
Secretary of State of that territory 858.


 857
Rule 7 Maintenance Orders Enforcement Rules
858
S3 of Cap. 17