Wakilii

Caltex Oil Uganda Ltd v Petro Uganda Ltd & Anor (Misc.App.No.279 of 2004)

High Court · [2004] UGHC 94 · 2004 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application objecting to order of vacant possession arising from execution proceedings
Decision
Application dismissed on preliminary objection. Applicant's interest protected by existing interim order in separate pending suit (HCCS No. 172/2004).

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that Order 19 Rule 55 of the Civil Procedure Rules, which provides for objections to attachment of property, applies only to property still under attachment and before sale, not after property has been sold in execution. Once property is sold and execution is complete, the proper remedy is to institute a suit seeking appropriate relief and apply for an injunction. The application was dismissed on preliminary objection.

Outcome

Application dismissed on preliminary objection. Applicant's interest protected by existing interim order in separate pending suit (HCCS No. 172/2004).

Facts

Property comprised in LRV 535 Folio 22 plots 55/57 at Wobulenzi was attached and sold in execution of two decrees against the 2nd respondent (Sam Kironde). The 1st respondent (Petro Uganda Ltd) purchased the property and registered it in its name. The applicant (Caltex Oil), claiming to be a sub-lessee with a subsisting sub-lease, objected to the order of vacant possession issued to the 1st respondent in Misc. Application No. 81/2004. The applicant had already filed a separate suit (HCCS No. 172/2004) seeking specific performance of the lease agreement and had obtained an interim injunction restraining the 1st respondent from evicting it from the property.

Issues

  1. Whether the applicant's objection to an order of vacant possession can be brought under Order 19 Rule 55 of the Civil Procedure Rules after property has been sold in execution.
  2. Whether a purchaser of property sold in execution is a proper party to an objection application under Order 19 Rule 55.
  3. Whether a sub-lessee's claim should be disallowed under Order 19 Rule 58.
  4. Whether the application was designedly delayed and therefore time barred.

Orders

  • Preliminary objection upheld.
  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Execution — Objection to Attachment — Scope and Application of Order 19 Rule 55
Order 19 Rule 55 of the Civil Procedure Rules, which provides for objections to attachment of property, applies only where property is still under attachment and before it is sold in execution, not after the property has been sold and execution is complete.
Civil Procedure — Execution — Meaning of Attachment and Execution
Attachment begins when the bailiff under an attachment warrant seizes the debtor's property for the purpose of satisfying a judgment and ceases when the judgment is satisfied after sale of the seized property. Execution means the process of completing or carrying into effect a judgment, compelling the defendant to do or pay what has been adjudged, and is completed when the judgment creditor gets the money or other thing awarded.
Civil Procedure — Execution — Remedy After Sale — Objection to Vacant Possession Order
Where property has been sold in execution and a person resisting the result of execution seeks to protect their right to the property sold, the proper remedy is to resort to court by instituting a suit and applying for an injunction, not by bringing an objection application under Order 19 Rule 55.

Legislation cited (6)

Cases cited (5)

  • Intraship (U) Ltd v G.M. Combine (U) Ltd and Fulgence Mungereza [1994] 111 KALR 22
  • Marylebone Vestry v London (Sheriff) [1900] 2 QB 591
  • Fagot v Gaches [1943] 1 KB 10
  • Blackman v Fysh [1892] 3 Ch 209
  • Re Overseas Aviation Engineering (GB) Ltd [1962] 3 All ER 12

Full judgment

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Caltex Oil Uganda Ltd v Petro Uganda Ltd & Anor (Misc.App.No.279 of 2004) [2004] UGHC 94 (25 May 2004)
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.