Wakilii

Haider Somani v Najbu Mubiru (HCT-00-CC-CA 234 of 2005)

High Court · [2004] UGCOMMC 143 · 2004 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Objector application under Order 19 CPR to release property from execution warrant arising from HCCS No. 29 of 2004
Decision
Application partly allowed. Plot 1098 protected from execution but stay on execution of warrant for Plot 2179 vacated.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the objector was not in possession of Plot 2179 which was the subject of the execution warrant, but was in possession of Plot 1098 on her own account as beneficiary under her late father's estate. Plot 1098 was not liable to attachment under the warrant issued for Plot 2179. The stay on execution of the warrant for Plot 2179 was vacated. Any issues of possible encroachment should be settled in a separate suit as they raise ownership questions.

Outcome

Application partly allowed. Plot 1098 protected from execution but stay on execution of warrant for Plot 2179 vacated.

Facts

The judgment creditor obtained a decree against the judgment debtor in HCCS No. 29 of 2004 and a warrant to give vacant possession of Block 208 Plot 2179 Kawempe. The objector claimed that the bailiff threatened to evict her from Block 208 Plot 1098 Kawempe, which she occupied as beneficiary under her late father Kulanima Musoke's estate. The original land, Block 208 Plot 366, had been partitioned into three plots: Plot 1096 (registered to her brother Apollo Nyomyo Matovu), Plot 1097 (registered to her brother Yosua Wakabibi Ssalongo), and Plot 1098 (for the objector but not registered in her name). Plot 1096 was subsequently partitioned into Plots 2179 and 2180, with Plot 2179 transferred to Namatovu Robinah Nantandwe. The objector stated she had lived continuously on Plot 1098 and had never mortgaged it. The bailiff averred that he evicted only occupants of Plot 2179 and did not attempt to evict the objector from Plot 1098. The court directed parties to appoint a neutral surveyor to open boundaries, but the objector did not participate in the agreed process.

Issues

  1. Whether on the date of attachment the judgment debtor or the objector was in possession of the property subject to execution.
  2. Whether the objector held the property on her own account or in trust for the judgment debtor.
  3. Whether Block 208 Plot 1098 Kawempe was liable to attachment under the warrant to give vacant possession issued in respect of Block 208 Plot 2179 Kawempe.

Orders

  • Interim order staying removal of occupants from Block 208 Plot 2179 vacated.
  • Block 208 Plot 1098 Kawempe declared not liable to attachment.
  • Block 208 Plot 2179 not released from execution.
  • Block 208 Plot 1098 Kawempe not to be interfered with.
  • Objector to pay two-thirds of the costs of the application.

Rules and key headnotes

Civil Procedure — Objector Proceedings — Scope of Inquiry under Order 19 CPR
In objector proceedings under Order 19 rules 55, 56 and 57 of the Civil Procedure Rules, the scope of the court's investigation is not for determining ownership of property threatened by attachment. The court must answer two questions: first, whether on the date of attachment it was the judgment debtor or the objector who was in possession of the property; and second, whether the objector held the property on his own account or in trust for the judgment debtor or some other person. The order made under the rule is only provisional and one of the parties must sue to determine title.
Civil Procedure — Execution — Attachment of Property Not in Judgment Debtor's Possession
Where a judgment creditor seeks to execute a warrant to give vacant possession against a specific plot and an objector establishes that she was in possession of a different plot on the date of attachment, the objector's plot is not liable to attachment under that warrant even if the plots are adjacent.

Legislation cited (6)

Cases cited (3)

  • Uganda Mineral Waters Ltd v Amin Pirain & Anor [1994-5] HCB 87
  • Harilal & Co v Buganda Industries Ltd [1960] 318
  • Kasozi Ddamba v M/S Male Construction Service [1981] HCB 26

Full judgment

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

Haider Somani v Najbu Mubiru (HCT-00-CC-CA 234 of 2005) [2004] UGCommC 143 (31 December 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.