Wakilii

Pentecostal Assemblies of God Ltd v Mukalu and Another (Miscellaneous Application No. 290 of 2022)

High Court · [2023] UGHCCD 72 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consequential orders arising from execution proceedings following judgment in consolidated civil suits
Decision
Consequential order granted directing return of properties to the applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a consequential order directing the respondents to return properties illegally held following a judgment in consolidated civil suits. The court held that where a decree orders return of properties in general terms, a consequential order is necessary to give effect to that judgment. The court rejected preliminary objections that the application was improper, finding that consequential orders flow naturally from and give meaning to the main judgment, and that questions relating to execution of a decree should be determined by the executing court under Civil Procedure Act s.34(1).

Outcome

Consequential order granted directing return of properties to the applicant

Facts

The applicant was the successful party in consolidated Civil Suits Nos. 97 & 290 of 2015, with judgment delivered on 1 November 2019 and decree extracted on 6 November 2019. The decree ordered that all properties in the names of the plaintiff and illegally held by the 1st defendant should be returned to the plaintiff. The Court of Appeal largely adopted the High Court's orders in its judgment dated 20 October 2021. The decree was partially complied with through deregistration of the 2nd respondent, payment of aggravated damages, and payment of taxed costs, but the order for return of properties remained unsatisfied. Following the deregistration of the 2nd respondent company, the 1st respondent as former director remained in control of the company's affairs. The applicant filed Execution Application No. 14 of 2022 seeking execution of the property return order, and subsequently filed this application for a consequential order specifying the properties to be returned.

Issues

  1. Whether this is a proper application for the grant of the consequential order sought.
  2. What remedies are available to the parties.

Orders

  • A consequential order doth issue that the respondents should return all properties registered or acquired in the names of the plaintiff and illegally held by the respondents or their agents or assignees.
  • The specific properties to be returned are: LRV 2916 Folio 4 Plot 36-40 & M. 25 Agwata Road, Lira Municipality, and a Pastorate situate on untitled customary land.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Execution of Decrees — Consequential Orders — Nature and Purpose
A consequential order is an order following naturally from and giving effect to the main judgment, making the principal order effective and effectual or being incidental to the principal order.
Execution of Decrees — Jurisdiction to Settle Execution Questions
Under Civil Procedure Act s.34(1), all questions arising between parties relating to the execution, discharge, or satisfaction of a decree shall be determined by the court executing the decree and not by a separate suit.
Consequential Orders — When Necessary to Give Effect to General Decree
Where a court gives an order in general and broad terms directing return of properties, there is need for a consequential order founded and derived from the judgment to give effect to that decision by specifying the properties to be returned.
Inherent Powers — Section 98 Civil Procedure Act
Under Civil Procedure Act s.98, the court has inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of court.
Deregistered Companies — Property Vesting in Former Directors
Where a company is deregistered, property illegally held in the name of that company vests in individual members such as former directors, who may be ordered to return such property pursuant to a decree made against the company.

Legislation cited (5)

Cases cited (2)

  • Registered Trustees of Apostolic Church v Okorolemi (1990) 6 NWLR (pt 158) 15
  • Eze v Governor of Abia State (2014) 14 NWLR (pt 1426) 194

Full judgment

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

Pentecostal Assemblies of God Ltd v Mukalu and Another (Miscellaneous Application No. 290 of 2022) [2023] UGHCCD 72 (31 March 2023)
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.