Wakilii

Mary Katiiti Masembe v Kawempe Division of Kampala City Council (Miscellaneous Application No 71 of 2006) (Miscellaneous Application No 71 of 2006)

High Court · [2006] UGHC 11 · 2006 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to stop execution of earlier court order, arising out of objector proceedings and civil suit for recovery of market stalls
Decision
Application granted; Registrar's order nullified; execution stayed pending proper order

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Registrar's order of 23 November 2005 did not conform to the court's ruling of 11 November 2005, which allowed the respondents to retain only six market stalls, not the entire market. The court exercised its power under section 101 of the Civil Procedure Act to nullify the non-conforming order and stopped any execution until a valid order conforming to the original ruling was made.

Outcome

Application granted; Registrar's order nullified; execution stayed pending proper order

Facts

Mary Katiiti Masembe was the judgment creditor in civil suit no. 141 of 2002 against Kawempe Division. Six respondents, claiming to be beneficiaries of their late father's estate and entitled to six market stalls, filed objector proceedings in Miscellaneous Application No. 215 of 2005. The court ruled on 11 November 2005 that the respondents could retain six stalls. Subsequently, the Registrar extracted an order dated 23 November 2005, and the Administrator General issued instructions for vacant possession of the entire market to the respondents. The applicant contended this was improper as the ruling covered only six stalls, not the entire market of over forty stalls. The respondents argued that the Administrator General was acting as administrator of the estate and that the applicant's remedy lay against the Administrator General, not them.

Issues

  1. Whether the execution of the court's ruling in Miscellaneous Application No. 215 of 2005 should be stopped, suspended or set aside.
  2. Whether the Registrar's order dated 23/11/2005 conformed to the court's ruling of 11/11/2005.
  3. Whether the applicant's remedy lay against the respondents or against the Administrator General.

Orders

  • The Registrar's order dated 23/11/2005 is nullified.
  • All execution of the ruling of 11/11/2005 is stopped until a valid and proper order conforming to that ruling has been made.
  • Application allowed with costs to the applicant.

Rules and key headnotes

Civil Procedure — Orders of Court — Conformity with Ruling — Registrar's Order Not Conforming to Court's Ruling
Where a Registrar's order does not conform to the terms of the court's ruling, the court has power under section 101 of the Civil Procedure Act to nullify the non-conforming order.
Civil Procedure — Execution — Stay of Execution — Non-conforming Order
Where a court nullifies an order for non-conformity with its ruling, any execution pursuant to that order must be stopped until a valid order conforming to the original ruling has been made.

Legislation cited (1)

Full judgment

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Mary Katiiti Masembe v Kawempe Division of Kampala City Council (Miscellaneous Application No 71 of 2006) (Miscellaneous Application No 71 of 2006) [2006] UGHC 11 (13 April 2006)
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.