Wakilii

Kiyega George William v Rapid Advisory Services Ltd (Miscellaneous Application No. 2352 of 2025)

High Court · [2026] UGCOMMC 17 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for discovery and stay of execution arising from execution proceedings
Decision
Application dismissed with costs to the Respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application by a judgment debtor seeking discovery of documents and stay of execution. The court held that Order 22 rule 38 of the Civil Procedure Rules applies only to decree holders, not judgment debtors. The applicant failed to prove the respondent possessed the certificates of title sought, the valuation report was already on court record, and a statement of account was not material where execution arose from a consent order to which the applicant had consented.

Outcome

Application dismissed with costs to the Respondent

Facts

The applicant and respondent had a business relationship involving loan facilities secured by various land titles. Pursuant to a consent order in EMA No. 280 of 2022, two properties were to be sold in execution of a decree in Civil Suit No. 806 of 2018. Only one property (Block 44 Plot 492 at Namusansula) was sold for UGX 100,000,000. The second property could not be sold due to squatters. The respondent then sought a warrant of arrest for the outstanding balance via EMA No. 188 of 2025. The applicant filed this application seeking production of certificates of title allegedly held by the respondent, a valuation report for the sold property, and a statement of account, arguing these documents were necessary to enable him to satisfy the judgment debt. He also sought a stay of execution pending production of the documents.

Issues

  1. Whether the Court should grant an order for discovery of the documents?
  2. What remedies are available to the parties?

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Discovery — Remedies Available to Judgment Debtors
Order 22 rule 38 of the Civil Procedure Rules provides a remedy for discovery that is available only to decree holders and not to judgment debtors.
Civil Procedure — Discovery — Prerequisites for Grant of Discovery Order
The prerequisites for grant of an order for discovery are: (1) relevancy and materiality; (2) the document is not otherwise privileged or protected by law; (3) the document is in the respondent's possession, custody, control or power; and (4) attempts to obtain the same voluntarily were futile.
Civil Procedure — Discovery — Burden of Proof on Applicant
An applicant seeking discovery must adduce evidence to show that the respondent has custody or possession of the documents sought, and the burden is not discharged by mere assertion in the face of a denial by the respondent.
Civil Procedure — Discovery — Materiality of Documents in Consent Order Execution
Where execution arises from a consent order, a statement of account detailing payments from inception of the relationship is not material or relevant, as the judgment debtor consented to the figures contained in the execution order.

Legislation cited (7)

Cases cited (6)

  • Oriental Insurance Brokers Limited v Transocean (U) Limited (Supreme Court Civil Appeal No. 55 of 1995)
  • Uganda Telecom Ltd v ZTE Corporation (Supreme Court Civil Appeal No. 3 of 2017)
  • Patricia Mutesi v Attorney General (High Court Miscellaneous Application No. 912 of 2016)
  • John Kato v Muhlbauer AG & Another (High Court Miscellaneous Application No. 175 of 2011)
  • Simbamanyo Estates Ltd & Another v Equity Uganda Ltd & Others (High Court Miscellaneous Application No. 583 of 2022)
  • Kaweesi Sulaiman and 26 Others v Bank of Uganda and Another (High Court Miscellaneous Application No. 258 of 2022)

Full judgment

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

Kiyega George William v Rapid Advisory Services Ltd (Miscellaneous Application No. 2352 of 2025) [2026] UGCommC 17 (28 January 2026)
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.