Wakilii

Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023)

High Court · [2020] UGCOMMC 166 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for return of title deed deposited as security, arising from Civil Suit No. 224 of 2010, following setting aside of judgment by Court of Appeal
Decision
Title deed ordered returned to applicant free from encumbrances

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Following the Court of Appeal's setting aside of the underlying judgment in HCCS No. 224 of 2010, the legal basis for retaining the applicant's title deed as security ceased to exist. The respondents' claimed lien for unpaid costs was not valid where no consensual, statutory, or judicial lien had been established. The Court exercised its inherent jurisdiction under section 92(1) of the Civil Procedure Act to order restitution, directing return of the title deed to the applicant. Application allowed with costs.

Outcome

Title deed ordered returned to applicant free from encumbrances

Facts

The applicant, a director of Macdowell Limited, deposited her certificate of title as security following a stay of execution order in 2018 pending appeal. The stay related to an order lifting the corporate veil to execute a judgment in HCCS No. 224 of 2010 against the directors personally. The title was handed to the respondent's advocates for safekeeping. On 18 March 2022, the Court of Appeal set aside the underlying decree in Civil Appeal No. 180 of 2019 and ordered that execution proceedings could not proceed. Despite this, the respondents refused to return the title deed, claiming a lien for unpaid costs in a separate appeal (Civil Appeal No. 08 of 2020) which they had won. The applicant sought return of her title deed.

Issues

  1. Whether the respondents were obliged to return the applicant's certificate of title following the Court of Appeal's setting aside of the judgment and execution proceedings.
  2. Whether the respondents had a valid lien over the title deed for unpaid costs.
  3. Whether the Court could exercise its inherent jurisdiction to order restitution of the title deed.

Orders

  • Application allowed.
  • The respondents are ordered jointly and severally to forthwith return to the applicant's possession, free from all encumbrances, the title deed to her land comprised in LRV 2582 Folio 19 at Plot 47, Princess Anne Drive, Bugolobi, Kampala measuring approximately 0.2280 Hectares.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Civil Procedure — Restitution — Effect of setting aside judgment — Return of security deposited
When a judgment is set aside, the legal effect is that all that was done pursuant to the decree becomes non est as against the parties. The parties must be put back in the position they were in immediately before the judgment, which includes return of any security deposited pursuant to the judgment.
Civil Procedure — Inherent jurisdiction — Exercise where procedural gaps exist
The inherent jurisdiction of the Court is the reserve or fund of powers which the Court may draw upon as necessary whenever it is just or equitable to do so, particularly to ensure observance of due process, prevent oppression, and do justice between parties. It may be exercised where there are procedural gaps and the rules of procedure do not provide for necessary remedies.
Civil Procedure — Inherent jurisdiction — Constraints on exercise
A court cannot exercise inherent jurisdiction in contravention of legislation or rules of court. Inherent power should be exercised with caution, used only when absolutely necessary, and always with sensitivity to the purposes underlying relevant written rules. The court must first search all relevant written authority before resorting to inherent power.
Land & Property — Liens — Advocate's lien — Requirements for validity
A lien over property requires either the debtor's voluntary consent (consensual lien), statutory or common law authority (statutory lien), or a court order (judicial lien). Where none of these bases exists, there is no legal right to retain possession of property, and mere speculation about future inability to pay costs does not justify retention.
Civil Procedure — Restitution — Section 92(1) Civil Procedure Act — Scope beyond statutory provision
Section 92(1) of the Civil Procedure Act is not the fountain source of restitution but rather a statutory recognition of a pre-existing rule of justice, equity and fair play. The jurisdiction to make restitution is inherent in every court and can be exercised whenever justice demands, even where the case does not strictly fall within the statutory provision.

Legislation cited (7)

Cases cited (3)

  • Grobbelaar v News Group Newspapers Ltd [2002] 1 WLR 3024
  • Boyd, Gilmour and Co v Glasgow and South Western Railway Co (1888) 16 R 104
  • Hutchison v Galloway Engineering Co 1922 SC 497

Full judgment

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

Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023) [2020] UGCommC 166 (20 February 2020)
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.