Wakilii

Mrs. Rita Jackline Namubiru Jjemba vBarclays Bank Ltd. (Misc .Cause No. 167 of 2010)

High Court · [2010] UGHC 101 · 2010 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Objector proceedings arising from attachment and sale of property in High Court Civil Suit No. 325 of 2008
Decision
Objector's application dismissed; property in question (plot 2314) had already been sold; matrimonial property (plot 2315) was not under attachment

Observed later treatment

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Holding

Held that the objector's application be dismissed. The property subject to attachment and sale was plot 2314, not plot 2315 which was the objector's matrimonial home. Plot 2315 was mortgaged to a third party and was not under attachment. The objector's motion sought only to prevent access to plot 2314 which had already been lawfully sold. The court declined to allow objector proceedings to facilitate suspicious subdivision and credit transactions by the judgment debtor.

Outcome

Objector's application dismissed; property in question (plot 2314) had already been sold; matrimonial property (plot 2315) was not under attachment

Facts

The objector, Rita Jackline Namubiru Jjemba, applied to release her matrimonial property Block 232 Plot 2315 Kireka Banda from attachment and sale. She claimed she was the legal wife of Jackson Kimbugwe Jjemba, the registered owner, and had not consented to any mortgage of the matrimonial home. Barclays Bank had attached and sold Block 232 Plot 2314 to one Rogers Kintu on 22 February 2010 pursuant to a judgment in HCCS No. 325 of 2008. The objector contended there was confusion between plots 2314 and 2315, which shared a common boundary wall. During proceedings it emerged that the certificate of title for plot 2315 was held by a third party mortgagee, M/s Huadar Gaung Dong Chinese Co Ltd, pursuant to a mortgage registered in August 2009. The mortgagee produced photographs showing the judgment debtor with a woman alleged to be his wife (but not the objector) at the time the loan was obtained. Both plots 2314 and 2315 were enclosed within one boundary wall. The judgment debtor and objector had subdivided the original property into two plots and obtained credit from different sources.

Issues

  1. Whether the objector's matrimonial property was properly the subject of attachment and sale.
  2. Whether the objector had a subsisting interest in the property at the time of attachment.
  3. Whether the lack of spousal consent to mortgage affected the validity of the attachment.
  4. Whether the confusion over the identity of plots 2314 and 2315 justified release from attachment.

Orders

  • Application dismissed.
  • Each party to bear its own costs.
  • Duplicate certificate of title deposited by M/s Huadar Gaung Dong Chinese Co Ltd to be returned to them by the Registrar under cover of letter.

Rules and key headnotes

Civil Procedure — Objector Proceedings — Scope of Investigation under Order 22
The scope of investigation under Order 22 rules 55, 56 and 57 of the Civil Procedure Rules does not extend to determining ownership of property threatened by attachment. The court must determine whether on the date of attachment the judgment debtor or the objector was in possession of the property, and whether the objector held the property on his own account or in trust for the judgment debtor or some other person. The order made under the rule is only provisional.
Civil Procedure — Objector Proceedings — Property Not Subject to Attachment
Where the property claimed by an objector is demonstrably not the subject of the attachment and sale, objector proceedings seeking its release are redundant and must be dismissed.
Land & Property — Mortgages — Third Party Mortgagee Rights
Where a property is subject to a registered mortgage in favour of a third party, any attachment of that property must be subject to the rights of the mortgagee.

Legislation cited (6)

Cases cited (4)

  • Uganda Mineral Waters Ltd v Amin Pirain and Another [1994-5] HCB 87
  • Harilal & Co v Buganda Industries Ltd [1960] 318
  • Kasozi Ddamba v M/s Male Construction Service [1981] HCB 26
  • Haider Somani v Najibu Mubiru and Joice Lubeka Kasula Kwegya (CA No. 234 of 2005)

Full judgment

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

Mrs. Rita Jackline Namubiru Jjemba Vs.Barclays Bank Ltd. (Misc .Cause No. 167 of 2010) [2010] UGHC 101 (16 December 2010)
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.