Wakilii

Kanji Dhermsi and Company v Rajsi (C.C. 242-1921.)

East African Court of Appeal · [1928] EACA 21 · 1928 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for execution of decree
Decision
Application for execution of decree dismissed as time-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that Article 179 of the Indian Limitation Act 1877 applies to execution proceedings in the Supreme Court of Kenya Colony and Protectorate because the Court is not established by Royal Charter. Where a judgment-debtor made the last payment in July 1922 and the judgment-creditor made no application between July 1922 and November 1926, the application for execution was barred by limitation under Article 179.

Outcome

Application for execution of decree dismissed as time-barred

Facts

On 15 December 1921, the parties appeared before Pickering J. in execution proceedings. An order was passed that the judgment-debtor should pay Rs. 50 (Sh. 100) on the 15th day of each month, with a committal order to issue on default. Liberty to apply was granted. The last payment was made in July 1922. No application was made to the Court by the judgment-creditor between July 1922 and 30 November 1926. The judgment-creditor then applied for execution of the decree in respect of the balance.

Issues

  1. Whether Article 179 or Article 180 of the Indian Limitation Act 1877 applies to execution proceedings in the Supreme Court of Kenya Colony and Protectorate.
  2. Whether the application for execution of the decree was barred by limitation.

Orders

  • Application for execution dismissed with costs.

Rules and key headnotes

Limitation — Execution of Decrees — Applicability of Article 179 vs Article 180
Article 179 of the Indian Limitation Act 1877, not Article 180, applies to execution proceedings in the Supreme Court of Kenya Colony and Protectorate because the Court is not a Court established by Royal Charter.
Limitation — Execution of Decrees — Effect of Instalment Order with Liberty to Apply
Where an order for payment by instalments with liberty to apply is made in execution proceedings, and the judgment-debtor defaults, the limitation period under Article 179 runs from the date of the last payment if no application is made to the Court within the prescribed period.

Legislation cited (2)

  • Indian Limitation Act 1877 Article 179
  • Indian Limitation Act 1877 Article 180

Cases cited (2)

  • Anderson v Thakur Dass and Another (Supreme Court 202 of 1920)
  • Keshiram v Pandu (1903) 27 ILR Bom 1

Full judgment

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

Kanji Dhermsi and Company v Rajsi (C.C. 242-1921.) [1928] EACA 21 (1 January 1928)
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.