Wakilii

Buwule v National Water and Sewerage Corporation (Miscellaneous Application No. 2 of 2016)

High Court · [2016] UGHCEBD 11 · 2016 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Registrar's decision setting aside garnishee order nisi, arising from execution proceedings following arbitration award
Decision
Garnishee order nisi reinstated; proceedings stayed pending determination of application to set aside arbitral award in Commercial Court

Observed later treatment

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Holding

A Registrar of the High Court has no jurisdiction to set aside his own garnishee order nisi. While Registrars have delegated powers under Order 50 of the Civil Procedure Rules to issue formal orders for attachment in execution proceedings, these powers do not extend to reviewing or setting aside their own orders. Where a Registrar wishes to reconsider an order, the matter must be referred to a Judge under Order 50 rule 7.

Outcome

Garnishee order nisi reinstated; proceedings stayed pending determination of application to set aside arbitral award in Commercial Court

Facts

The appellant obtained an arbitral award of UGX 171,000,000 against the respondent. The award was registered at the Commercial Division on 21 October 2015 and notice served on 22 October 2015. The appellant applied for execution and the Registrar issued a garnishee order nisi attaching the respondent's bank accounts. On 26 November 2015, the respondent filed an application in the Commercial Court seeking to set aside the arbitral award. On 28 November 2015, the Registrar set aside his own order nisi on grounds that: (a) an application to set aside the award was pending; (b) the ninety-day period under Arbitration Rule 11 had not expired; and (c) the bank accounts attached were not specific. The garnishee banks had appeared and confirmed availability of sufficient funds to satisfy the award.

Issues

  1. Whether the Registrar erred in law in revisiting his order nisi and lifting or vacating the same.
  2. What remedies are available to the parties.

Orders

  • Appeal partly allowed.
  • Order releasing the bank accounts set aside.
  • Attachment of bank accounts reinstated pending disposal of the application challenging the arbitral award before the Commercial Court.
  • Proceedings to make the order nisi absolute stayed until the application in Commercial Court is disposed of.
  • Half the costs of the appeal awarded to the appellant.

Rules and key headnotes

Civil Procedure — Powers of Registrars — Execution proceedings — Garnishee orders nisi — Power to set aside own orders
A Registrar of the High Court has no jurisdiction to set aside his or her own garnishee order nisi. While Order 50 rule 6 of the Civil Procedure Rules deems the Registrar to be a civil court for purposes of exercising powers of execution, this does not confer powers of review. The Registrar is an official of the High Court to whom limited functions are delegated, not a subordinate court. Where reconsideration of an order is required, the Registrar must refer the matter to a Judge under Order 50 rule 7.
Civil Procedure — Powers of Registrars — Scope of delegated authority under Order 50
Order 50 rule 4 of the Civil Procedure Rules empowers Registrars to make formal orders for attachment and sale of property and to issue notices to show cause on applications for arrest and imprisonment in execution of decrees. Rule 6 deems a Registrar a civil court for purposes of rules 1, 2, 3 and 4, but this does not create a subordinate court to the High Court; it underscores the special status of the Registrar as an official to whom limited functions are delegated.
Arbitration & ADR — Enforcement of arbitral awards — Effect of pending application to set aside award
Where an application to set aside an arbitral award is pending before the court, questions concerning the timeliness of that application, the applicability of limitation periods under the Arbitration Act, and the effect of Arbitration Rules on enforcement proceedings are matters for determination by the court seized of the application to set aside, not by the Registrar in execution proceedings.

Legislation cited (24)

Cases cited (9)

  • Reconciling Gospel World Wide and 3 Others v Ataryeba and Another (Miscellaneous Application No. 264 of 2015)
  • Soroti Joint Medical Services Ltd. vs. Five Africa Medicines Heather Ltd Ar. Cause 452/11
  • Katamba Phillip and 3 Others vs. Magala Ronald Arb. 03/07
  • Makula International v Cardinal Nsubuga [1982] HCB
  • Roko Construction Ltd v Mohammed Mohammed Hamid (Civil Appeal No. 51 of 2011)
  • Unique Holdings Ltd v Business Skills Trust Ltd (Miscellaneous Application No. 402 of 2012)
  • Attorney General and Uganda Land Commission v Kamoga and Kamala (Supreme Court Civil Appeal No. 8 of 2004)
  • Owega Construction Ltd vs. KCCA and Another
  • Mohammed Mohammed Hamid v Roko Construction Ltd (Supreme Court Civil Appeal No. 1 of 2013)

Full judgment

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

Buwule v National Water and Sewerage Corporation (Miscellaneous Application No. 2 of 2016) [2016] UGHCEBD 11 (2 May 2016)
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.