Reamaton Limited v Uganda Corporation Creameries Limited and Another (Miscellaneous Appeal 230 of 1998)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court allowed the appeal and set aside the Registrar's order staying execution. The court held that the Registrar erred in law by staying execution without a formal application for stay, and that the Registrar acted without jurisdiction. The court found that the judgment debtor deposited a land title with a grossly inflated and misleading valuation of neighbouring property, and that there was no valid reason to prevent execution from proceeding. The court ordered the judgment debtor to appear personally before the Registrar within seven days.

Outcome

Appeal allowed; Registrar's stay order set aside; execution to proceed; judgment debtor ordered to appear before Registrar within seven days

Facts

A decree exceeding Shs 300 million was entered against the defendant (judgment debtor). The defendant filed a notice of appeal which was struck out by the Court of Appeal on 9 July 1998. To satisfy the decree, the judgment creditor sought attachment of the judgment debtor's assets. The judgment debtor deposited a land title for Block 212 Plot 533 Kyebando valued at Shs 280 million. The valuer, A. Sekidde, had fraudulently valued a neighbouring high-rise development belonging to Mr. Iga instead of the actual plot, which contained only lock-up shops and basic structures. The judgment debtor also allegedly hid a vehicle that was subject to attachment. The judgment creditor issued a notice to show cause why the judgment debtor should not be arrested and held in civil prison. When the notice came before the Registrar, the judgment debtor did not appear in person but was represented by his advocate. The Registrar stayed execution on grounds that an appeal was pending in the Court of Appeal, despite the appeal having been struck out. The judgment creditor appealed this decision.

Issues

1. Whether the Registrar erred in law by making an order staying execution when there was no application for stay of execution before him.
2. Whether the Registrar acted without jurisdiction in staying execution.
3. Whether the Registrar erred in failing to take into account the Court Broker's affidavit regarding the fake title deed deposited in court.
4. Whether the Registrar erred in refusing to issue a warrant of arrest for the judgment debtor who had lodged a fake land title and hidden a vehicle from attachment.

Orders

• Appeal allowed with costs.
• Order of the Registrar staying execution is set aside.
• Execution to proceed.
• Registrar directed to summon the second respondent to appear in person within seven (7) days from the date of judgment.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Rules Order 46 rule 9
• Civil Procedure Act s.101
• Civil Procedure Rules Order 19 rule 37

Cases cited (1)

• Dan I v Bharwani (1932) 5 ULR 9

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