Jurua v Create Consult Limited (Miscellaneous Application 100 of 2023)

Observed later treatment

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

The High Court dismissed an application seeking to set aside or vary a warrant of attachment and sale of immovable property granted by the Deputy Registrar in execution proceedings. The court held that the proper procedure for objecting to attachment of property is through objector proceedings under Order 22 rule 55 of the Civil Procedure Rules, not by way of appeal under Order 50 rule 8. The applicant's challenge was therefore not proper before the court.

Outcome

Application dismissed; warrant of attachment and sale stands

Facts

The respondent obtained judgment against the applicant for UGX 145,000,000 in HCCS No. 016/2022. In execution proceedings (EMA No. 014/2023), the Deputy Registrar granted a warrant of attachment and sale against property comprised in Leasehold Register Volume ARU6 Folio 14, Plot 20 Aniva Crescent, Arua. The applicant challenged this warrant, arguing the property was his matrimonial home and offering alternative property. The applicant's spouse, Ajidiru Caroline, swore an affidavit stating they had lived on the property as a family since their customary marriage in December 2016. The respondent contended the property had been pledged as security for the loan, was vacant at commencement of execution, and had previously been rented to tenants. The respondent also argued the alternative property offered was insufficient to settle the debt.

Issues

1. Whether the application is proper before this Court.
2. Whether the Learned Deputy Registrar's decision of 29 August 2023 granting a warrant of attachment and sale of property comprised in Leasehold Register Volume ARU6 Folio 14 Plot 20 Aniva Crescent, Arua city can be varied to substitute the property for another.

Orders

• Application dismissed.
• Orders of the Deputy Registrar stand.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (12)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI 71-1 Order 50 rule 8
• Civil Procedure Rules Order 22 rule 51
• Civil Procedure Rules Order 22 rule 55
• Civil Procedure Rules Order 44 rule 22
• Judicature Act s.33
• Civil Procedure Act s.79(1)(b)
• Civil Procedure Act s.76
• Constitution of the Republic of Uganda 1995 Article 126(2)(e)
• Civil Procedure Act s.44
• Land Act Cap 227 s.39(1)(c)
• Evidence Act Cap 6 s.101

Cases cited (2)

• Sika Muhamad Jabil & 2 Others v Abon Muzamil (Miscellaneous Civil Application No. 71 of 2017)
• Uganda vs Kato & Ors (1976) HCB 2024

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Musutwa Godfrey v Commissioner Land Registration (Miscellaneous Cause No. 22 of 2023)
• Ngamita v The Living Room Limited & Another (Civil Appeal 90 of 2023)

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