Wakilii

Berutsya Nobert v Monaban Company Limited and 2 Others (Civil Miscellaneous Application No. 7 of 2020)

High Court · [2021] UGHC 28 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for attachment before judgment arising from pending civil suit for damages from traffic accident
Decision
Application granted with variation — security ordered in lieu of attachment; vehicle to be released to respondents upon deposit of security

Observed later treatment

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Holding

The court granted the application for attachment before judgment but varied the relief. Rather than ordering attachment of the respondents' motor vehicle, the court ordered the respondents to deposit UGX 100,000,000 as security in court, after which they could take away their vehicle. The court found that the respondents had not demonstrated any property within Uganda other than the vehicle, and that reciprocal enforcement in Tanzania would be costly.

Outcome

Application granted with variation — security ordered in lieu of attachment; vehicle to be released to respondents upon deposit of security

Facts

On 30 December 2019, the applicant while driving motor vehicle UBF 851L with his daughter along Kampala-Masaka Road at Kanoni rammed into the respondents' semi-trailer KBS 741T/ZEO258, which had been parked on the roadside following mechanical breakdown at approximately 5:10 am. The applicant alleged the trailer was recklessly and negligently parked without adequate warnings. Both the applicant and his daughter were admitted at Nkozi Hospital. The applicant reported the matter to Buwama Police Station and subsequently filed Civil Suit No. 004 of 2019 (sic — 2020 per heading). The applicant valued the trailer at approximately UGX 200,000,000 and contended it was the respondents' only known property in Uganda. The applicant sought attachment before judgment to prevent the foreign respondents from removing the vehicle from the jurisdiction and frustrating execution of any decree. The respondents opposed, arguing the first respondent had offices and a fleet of vehicles in Tanzania, Uganda and Tanzania had reciprocal enforcement arrangements, and the second respondent had taken reasonable precautions by placing warning signs.

Issues

  1. Whether the applicant satisfied the conditions for attachment before judgment of the respondents' motor vehicle.
  2. Whether the respondents' foreign residence and alleged intention to remove the vehicle from the jurisdiction warranted attachment before judgment.
  3. What amount of security, if any, should be deposited in court to balance the parties' interests pending determination of the main suit.

Orders

  • Respondents ordered to deposit UGX 100,000,000 into court account No. 9030012454944 at Stanbic Bank Mpigi branch as security.
  • After payment of the security, respondents may take away motor vehicle Reg. No. KBS 741T/ZEO258 from police custody.
  • Main suit fixed for hearing on 7 July 2021 at 9:00 am.
  • Parties at liberty to continue negotiations and report to court if settlement reached.

Rules and key headnotes

Civil Procedure — Attachment Before Judgment — Conditions for Grant — Foreign Defendant
Where a defendant is a foreign resident and has no demonstrated property within the jurisdiction other than the property sought to be attached, and there is a risk the defendant may remove that property from the jurisdiction pending determination of the suit, the court may exercise its discretion to order security in lieu of physical attachment before judgment to preserve a fair balance between the parties while awaiting final determination.
Civil Procedure — Attachment Before Judgment — Security in Lieu of Attachment
The court has discretion to vary the relief sought in an attachment before judgment application by ordering the defendant to deposit security in court in lieu of physical attachment, thereby allowing the defendant to retain use of the property while protecting the plaintiff's interest in executing any decree that may be passed.
Civil Procedure — Attachment Before Judgment — Reciprocal Enforcement Arrangements — Cost Considerations
The existence of reciprocal enforcement arrangements between Uganda and the defendant's home state does not preclude attachment before judgment where the cost of foreign enforcement would impose an undue burden on the plaintiff and there is property within the jurisdiction capable of satisfying a decree.

Legislation cited (2)

Cases cited (1)

  • Makubuya Enockwilly T/A Pollaplast v Songdoh Firms Ltd and Another (High Court Miscellaneous Application No. 321 of 2018)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Berutsya Nobert v Monaban Company Limited and 2 Others (Civil Miscellaneous Application No. 7 of 2020) [2021] UGHC 28 (29 April 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.