Wakilii

Khan v Karim (Civil Suit No. 9 of 1954)

East African Court of Appeal · [1955] EACA 1 · 1955 Rule Nisi Ordered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by decree-holder to attach sum of money in hands of Court due to judgment-debtor
Decision
Rule nisi ordered; applicant given opportunity to make further submissions

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

Where a decree-holder applies to attach money held by the Court as proceeds from a property sale in another suit, notice to the judgment-debtor is necessary. The proper procedure is to issue a rule nisi calling upon the judgment-debtor to show cause why the sum should not be paid over to the decree-holder, analogous to garnishee proceedings.

Outcome

Rule nisi ordered; applicant given opportunity to make further submissions

Facts

The decree-holder in this suit applied in writing to attach the balance of a sum of money held by the Court. This sum represented the balance of proceeds from a property sold under decree of the Court in another suit, and was prima facie due to the judgment-debtor. The Registrar referred the matter to a Judge in Chambers to determine whether notice should be given to the judgment-debtor before the attachment could proceed.

Issues

  1. Whether notice to the judgment-debtor is essential when a decree-holder applies to attach a sum of money in the hands of the Court due to the judgment-debtor.
  2. Whether a rule nisi should issue in such circumstances.

Orders

  • Rule nisi to issue to the judgment-debtor to show cause why the sum in the hands of the Court should not be paid over to the decree-holder.
  • The effect of the rule nisi will be to hold the property in the hands of the Court until the rule is discharged or made absolute.

Rules and key headnotes

Civil Procedure — Execution — Attachment of Money in Court — Notice to Judgment-Debtor
Where a decree-holder applies under Order 21 rule 47 of the Civil Procedure (Revised) Rules, 1948 to attach a sum of money in the hands of the Court due to the judgment-debtor, notice to the judgment-debtor is essential and the proper order is a rule nisi calling upon the judgment-debtor to show cause why the sum should not be paid over to the decree-holder.
Civil Procedure — Execution — Attachment of Money in Court — Effect of Rule Nisi
The effect of a rule nisi issued under Order 21 rule 47 is to hold the property in the hands of the Court until the rule is discharged or made absolute, with the Court making the order being the custody Court.
Civil Procedure — Execution — Attachment of Money in Court — Analogy with Garnishee Proceedings
The procedure for attaching money in the hands of the Court is analogous to garnishee proceedings, following the English practice of applying for a charging order nisi and calling upon the judgment-debtor to show cause.

Legislation cited (2)

  • Civil Procedure (Revised) Rules, 1948 Order 21 rule 47
  • Indian Civil Procedure Code Order 21 rule 52

Cases cited (1)

  • Brereton v Edwards (1888) 21 QB 488 (CA)

Full judgment

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

Khan v Karim (Civil Suit No. 9 of 1954) [1955] EACA 1 (1 January 1955)
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.