Coline House Limited v KTA Advocates (Miscellaneous Application 1141 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Court granted partial relief by varying earlier orders to accept payment based on the 2018 valuation report instead of the 2015 report, admitting payment of UGX 1,660,024,000 as satisfaction of the order. Court held that computation of time for compliance with court orders does not exclude court vacation period as registries remain open and judicial officers are available for urgent matters.

Outcome

Application partially succeeded with orders varied to accept most recent valuation report and payment admitted as satisfaction of court order

Facts

The Applicant sought review and variation of court orders dated 21/12/2022 requiring payment of 30% of forced sale value of property. The Respondent had conducted two valuation reports in 2015 and 2018 showing different forced sale values. The Applicant paid UGX 1,660,024,000 to court on 4/8/2023 representing 30% of the 2018 valuation (UGX 5,535,000,000). The Applicant argued the more recent 2018 valuation should apply instead of the 2015 valuation. The Respondent consented to variation of orders and validation of the payment made. The Applicant also sought exclusion of court vacation period from the 30-day compliance period ordered by court.

Issues

1. Whether court orders should be varied to allow reliance on the most recent valuation report instead of the earlier valuation.
2. Whether the reckoning of the computation of time of 30 days ordered by the court excludes court vacation period.

Orders

• Order No. 2 of this court dated 21/12/2022 is varied to allow 30% of the forced sale value of the Respondent's unilateral valuation report of the suit property from 2015 to their most recent valuation report of 2018.
• The already paid 30% of the forced sale value of the Respondent's second valuation report of 2018, amounting to UGX 1,660,024,000, which was paid to the Court on 4/8/2023 is hereby admitted as satisfaction of the Order.
• Reckoning of thirty days' time does not exclude court vacation.
• The rest of the orders sought are overtaken by events.
• Costs shall abide the main cause.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Act s.98
• Civil Procedure Act s.27
• Judicature Act s.33
• Civil Procedure Rules Order 50 rule 1(2)(3)(a)(c)
• Civil Procedure Rules Order 51 rule 6
• Civil Procedure Rules Order 46
• Civil Procedure Rules Order 51
• Interpretation Act s.34(1)
• Judicature (Court Vacation) Rules rule 4

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