Wakilii

Jemba & Anor v Barclays Bank (U) Ltd (Miscellaneous Cause No. 167 of 2010)

High Court · [2010] UGCOMMC 35 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by objector to release matrimonial property from attachment arising from High Court Civil Suit No. 325 of 2008
Decision
Application dismissed with no order as to costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the objector's application to release her matrimonial property from attachment. The court found that the attached property was Block 232 Plot 2314, not the objector's matrimonial home on Plot 2315. Plot 2315 was under a registered mortgage to a third party and was not subject to any attachment. The court noted suspicious conduct in the subdivision and mortgaging of adjacent plots by the judgment debtor and objector.

Outcome

Application dismissed with no order as to costs

Facts

The objector, wife to Jackson Kimbugwe Jjemba, sought to release her matrimonial home from attachment. She claimed Block 232 Plot 2315 Kireka was family land where their matrimonial home stood. Barclays Bank had advertised for sale Block 232 Plot 2314, which was subsequently sold to Rogers Kintu. The two plots shared a common boundary wall. The objector alleged the valuer mistakenly merged the two plots. During proceedings it emerged that the title for Plot 2315 was held by a third-party mortgagee, Huadar Gaung Dong Chinese Co. Ltd, pursuant to a registered mortgage. The judgment debtor had subdivided the property into two plots and obtained loans from different sources using both titles.

Issues

  1. Whether the objector's matrimonial property Block 232 Plot 2315 Kireka Banda should be released from attachment.
  2. Whether the objector was in possession of the property at the time of attachment.
  3. Whether the objector held an interest in the property requiring spousal consent for mortgage.

Orders

  • Motion dismissed.
  • Each party to bear its own costs.
  • Duplicate certificate of title deposited by Huadar Gaung Dong Chinese Co. Ltd to be returned to them under cover of letter by the Registrar.

Rules and key headnotes

Civil Procedure — Objection Proceedings under Order 22 — Scope of Investigation
In objection proceedings under Order 22 rules 55, 56 and 57 of the Civil Procedure Rules, the scope of investigation is not for determining ownership but for determining whether on the date of attachment the judgment debtor or the objector was in possession of the property, and whether the objector held the property on his own account or in trust for the judgment debtor.
Civil Procedure — Objection Proceedings — Property Not Under Attachment
Where the property claimed by an objector is demonstrably not the subject of attachment, an objection application seeking its release becomes redundant and must be dismissed.
Land & Property — Registered Mortgages — Third Party Rights
Where property is subject to a registered mortgage, any attachment or dealing with the property must be subject to the rights of the registered mortgagee.

Legislation cited (3)

Cases cited (4)

  • Uganda Mineral Waters Ltd v Amin Pirain and Another [1994-5] HCB 87
  • Harilal & Co v Buganda Industries Ltd [1960] 318
  • Kasozi Ddamba v M/S Male Construction Service [1981] HCB 26
  • Haider Somani v Najibu Mubiru and Joice Lubeka Kasula Kwegya (Civil Appeal No. 234 of 2005)

Full judgment

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

Jemba & Anor v Barclays Bank (U) Ltd (Miscellaneous Cause No. 167 of 2010) [2010] UGCommC 35 (16 December 2010)
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.