Wakilii

Bhutt v Dass (C.C. 69-1931.)

East African Court of Appeal · [1931] EACA 10 · 1931 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application challenging arrest of judgment debtor during execution proceedings
Decision
Judgment debtor released from wrongful arrest

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

A civil debtor against whom a warrant of arrest is issued is protected by section 86(2) of the Civil Procedure Ordinance while returning from a Commission of Inquiry regarding the validity of an election under the Legislative Council Ordinance and the Commissions of Inquiry Ordinance. The protection extends to parties and witnesses from civil arrest while going to, attending, or leaving proceedings before a tribunal. The arrest was wrongful and the debtor must be released.

Outcome

Judgment debtor released from wrongful arrest

Facts

Judgment was entered against the defendant and execution proceedings were taken, resulting in a warrant of arrest being issued. The judgment debtor was a party to an election petition and on 29 June 1931 attended before a Commissioner appointed under the Commissions of Inquiry Ordinance to enquire into the validity of the election. He was arrested while returning to his home at the close of the proceedings. The judgment creditor submitted that the arrest was justified under section 86(3) of the Civil Procedure Ordinance. The judgment debtor contended there was no order for immediate execution and he had not been given reasonable time to return home.

Issues

  1. Whether a civil debtor against whom a warrant of arrest has been issued is protected from arrest under section 86(2) of the Civil Procedure Ordinance while returning from a Commission of Inquiry regarding the validity of an election.

Orders

  • Applicant/debtor wrongly arrested.
  • Applicant/debtor must be released.
  • Applicant/debtor permitted to go home.

Rules and key headnotes

Civil Procedure — Arrest of Civil Debtor — Exemption from Arrest — Protection While Attending Tribunal
A civil debtor against whom a warrant of arrest has been issued is protected by section 86(2) of the Civil Procedure Ordinance from arrest while returning from a Commission of Inquiry regarding the validity of an election under the Legislative Council Ordinance and the Commissions of Inquiry Ordinance.
Civil Procedure — Arrest of Civil Debtor — Scope of Protection — Parties and Witnesses
Section 86(2) of the Civil Procedure Ordinance protects parties and witnesses from civil arrest either going to, whilst at, or leaving a trial or tribunal proceedings.
Constitutional Law — Election Petitions — Commission of Inquiry — Witness Privileges
A witness before a Commission of Inquiry into the validity of an election has all the privileges of a witness before the Supreme Court by virtue of section 12 of Cap. 5.

Legislation cited (5)

  • Civil Procedure Ordinance s.86(2)
  • Civil Procedure Ordinance s.86(3)
  • Legislative Council Ordinance Cap.24
  • Commissions of Inquiry Ordinance Cap.25
  • Cap.5 s.12

Full judgment

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

Bhutt v Dass (C.C. 69-1931.) [1931] EACA 10 (1 January 1931)
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.