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Grivas Musisi and Prayer Palace Ministries t a Dunamis Broadcasting Limited v Jed Daniel Kabanda and Namalwa Rita (Miscellaneous Appeal No. 52 of 2025)

High Court · [2026] UGCOMMC 5 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's ruling dismissing Miscellaneous Application No. 2459 of 2024 which sought attachment of property before judgment
Decision
Appeal partly allowed against 1st Respondent who must furnish security for costs; appeal dismissed against 2nd Respondent with costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the appeal was not filed out of time because time begins to run from when proceedings are made available to the appellant. The appeal succeeded in part: the 1st Respondent's disappearance after learning of police charges constituted conduct likely to obstruct execution of a decree, warranting an order for security for costs. However, the Appellants failed to prove the 2nd Respondent was likely to remove property or leave the jurisdiction, and the appeal failed against her.

Outcome

Appeal partly allowed against 1st Respondent who must furnish security for costs; appeal dismissed against 2nd Respondent with costs

Facts

The Appellants filed Civil Suit No. 1301 of 2024 against the 1st Respondent seeking to recover USD 64,304 and UGX 255,644,800 allegedly obtained through fraudulent misrepresentation. They subsequently filed Miscellaneous Application No. 2459 of 2024 seeking attachment before judgment of property including a motor vehicle, cosmetic shop stock, and household items. The 2nd Respondent opposed the application, contending she was not a party to the main suit and that the property belonged to her or third parties. The Appellants later amended the plaint to add the 2nd Respondent as a defendant. On 4 July 2025, the Deputy Registrar dismissed the attachment application on the ground that the Appellants had not legally established that the properties belonged to the 1st Respondent. The 1st Respondent had disappeared after learning of police charges and was in hiding. The 2nd Respondent was arrested, a search was conducted, and she made statements to police regarding the properties.

Issues

  1. Whether the appeal was filed out of time.
  2. Whether the grounds of appeal were properly stated in the Notice of Motion.
  3. Whether the Appellants discharged the burden of proof for attachment of property before judgment as against the 2nd Respondent.
  4. Whether the Appellants discharged the burden of proof for attachment of property before judgment as against the 1st Respondent.

Orders

  • The preliminary objection that the appeal was filed out of time is dismissed.
  • The appeal is partly allowed as against the 1st Respondent.
  • The 1st Respondent shall furnish security for costs of UGX 50,000,000.
  • The appeal is dismissed with costs to the 2nd Respondent.

Rules and key headnotes

Civil Procedure — Appeals from Registrar — Time Limits — When Time Begins to Run
In appeals from decisions of a Registrar under section 98 of the Civil Procedure Act, although the statutory time frame is 7 days from the date of order, time begins to run from the time the proceedings are made available to the intended appellant, not from the date the ruling was delivered.
Civil Procedure — Pleadings — Grounds of Appeal — Requirement to State in Notice of Motion
Under Order 52 of the Civil Procedure Rules, every notice of motion must state in general terms the grounds of the application. The grounds of appeal must be stated in the body of the motion, and the affidavit is evidence of facts that support those grounds. It is wrong for an applicant to direct the court that the grounds for the application are to be found in the supporting affidavit.
Civil Procedure — Attachment Before Judgment — Requirements for Grant
The remedy of attachment before judgment under section 64(b) of the Civil Procedure Act and Order 40 Rule 5 of the Civil Procedure Rules is only available where there is real evidence that the defendant is about to dispose of or remove property within the local limits of the jurisdiction of the court or has left the jurisdiction with intent to obstruct or delay the execution of any decree that may be passed. The applicant must prove this on a balance of probabilities.
Civil Procedure — Attachment Before Judgment — Conduct Justifying Attachment — Disappearance After Criminal Charges
A defendant's disappearance after learning that police have preferred criminal charges against him, with efforts to trace his whereabouts ongoing, constitutes conduct likely to obstruct or delay the execution of a decree and warrants an order for security for costs or attachment before judgment.
Evidence — Police Statements — Evidentiary Value — Admissions Not on Oath
A police statement made by a party cannot amount to an admission on oath nor can it amount to a legal confession. It cannot be used to legally establish ownership of property in an application for attachment before judgment, as such matters must be proved conclusively to the required standard in the main suit.

Legislation cited (10)

Cases cited (12)

Full judgment

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Grivas Musisi and Prayer Palace Ministries t a Dunamis Broadcasting Limited v Jed Daniel Kabanda and Namalwa Rita (Miscellaneous Appeal No. 52 of 2025) [2026] UGCommC 5 (12 January
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.