Investment Finance Company Limited v Cairo International Bank Limited and Others (Miscellaneous Application No. 597 of 2026)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court granted an ex parte application for release of execution proceeds. Where property of a judgment debtor has been attached, sold in execution of a decree, and the proceeds deposited with the court, the judgment creditor is entitled to have those funds remitted to their attorneys' account upon establishing the procedural requirements.
Outcome
Funds released to judgment creditor's attorneys
Facts
The applicant was a judgment creditor in Civil Suit No. 416 of 2024. It commenced execution proceedings by way of attachment through Execution Miscellaneous Application No. 73 of 2023. Court-appointed bailiffs identified and attached property belonging to the judgment debtor in satisfaction of the decree. The property was subsequently sold and the proceeds amounting to Uganda Shillings 235,000,000/= were handed over to the judgment creditor's advocates, who deposited the same with the Registrar of the court. The applicant then brought this ex parte application seeking orders for the deposited funds to be remitted to its attorneys' account.
Issues
- Whether the funds deposited in court following execution of a decree should be released to the judgment creditor's attorneys.
Orders
- Application granted.
- The sum of Uganda Shillings 235,000,000/= deposited on High Court account No. 003010088000012 held with Bank of Uganda be remitted to the applicant's lawful attorneys' account No. 10000477 held with ABC Bank.
- No orders as to costs.
Legislation cited (9)
- Judicature Act s.33
- Civil Procedure Act s.98
- Civil Procedure Rules O.22 r.19
- Civil Procedure Rules O.22 r.20
- Civil Procedure Rules O.22 r.27
- Civil Procedure Rules O.22 r.32
- Civil Procedure Rules O.22 r.35
- Civil Procedure Rules O.22 r.51
- Civil Procedure Rules O.22 r.63
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.