Kinawa & Anor v Bakali (MISCELLENOUS APPLICATION NO. 427 OF 2014) 2019 UGHCCD 99 (2019-01-07)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 has jurisdiction under sections 33 of the Judicature Act and 34 of the Civil Procedure Act to execute decrees of the Sharia Court, a constitutionally recognized court under Article 129(1)(d). Where a judgment debtor fails to appeal or respond to an execution application, and all procedural requirements are met, execution must be granted to allow the successful party to enjoy the fruits of the judgment.

Outcome

Application allowed; execution granted with orders for vacant possession and surrender of title documents within seven days

Facts

Kinawa Jamila and Kauma Babita were plaintiffs in HCCS No. 132 of 2013 against Asuman Bakali. At Bakali's instance, the matter was referred to the Khadi's Sharia Court at Iganga as Civil Suit No. 06 of 2014. On 7 November 2014, judgment was entered in favour of Kinawa Jamila, appointing her as lawful successor to the late Amina Bilibawa and entitling her to receive land comprised in Plot 9 Nakigo Road and 7 acres at Buligo LC1, Iganga. The Sharia Court ordered that she secure and repossess a shop, counter table, and the original title of Plot 9 Nakigo Road in Bakali's possession, as well as land at Buligo South that had been sold off by Bakali and others. The judgment recommended she seek High Court assistance to gain possession. The applicants brought this motion seeking execution of the Sharia Court judgment. Despite being served multiple times, Bakali failed to file a response or appear.

Issues

1. Whether the High Court has jurisdiction to execute a judgment of the Sharia Court.
2. Whether the applicants are entitled to execution of the Sharia Court judgment in their favour.
3. Whether the applicants are entitled to vacant possession of the specified properties and release of the certificate of title.

Orders

• Execution of the judgment and orders of the Sharia Court sitting at Iganga in Civil Suit No. 06 of 2014 granted in favour of the applicants.
• The applicants are entitled to immediate vacant possession of land comprised in Plot 9 Nakigo Road, Iganga Municipality and land at Buligo South LC1 Iganga measuring approximately five acres.
• A certificate of title in respect of Plot 9 Nakigo Road Iganga Municipal Council and a counter table be surrendered by the respondent and handed over to the applicants within seven days of this order.
• The respondent shall meet the costs of this application.

Rules and key headnotes

Legislation cited (3)

• Judicature Act s.33
• Civil Procedure Act s.34
• Constitution of Uganda Article 129(1)(d)

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