Wakilii

Stanley and Another v Mohamed (C.C. 86-1921.)

East African Court of Appeal · [1931] EACA 11 · 1931 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for execution of judgment filed approximately ten years after original judgment
Decision
Application for execution dismissed as time-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for execution is barred by Article 179 of the Indian Limitation Act 1877 where filed more than three years after the last order. Section 230 of the Indian Code of Civil Procedure 1882, which provides a twelve-year limitation period, applies only when an application for execution has been made and granted. Where no execution application has been granted, section 230 is inapt and the three-year limitation under Article 179 governs.

Outcome

Application for execution dismissed as time-barred

Facts

On 14 April 1921, judgment was delivered in favour of the plaintiffs for Fls. 3,666/75. Between the judgment date and February 1931, various applications for execution against the person of the debtor were made but none was successful. The last order, made on 18 May 1923, directed payment by instalments up to 1 December 1923, when the judgment debtor's financial position would be reviewed. No further step was taken until the present application was filed on 4 February 1931, approximately seven and a half years after the last order. The judgment creditor argued that section 230 of the Civil Procedure Code provided a twelve-year limitation period. The judgment debtor contended that Article 179 of the Limitation Act, providing a three-year period, applied and barred the application.

Issues

  1. Whether an application for execution filed more than three years after the last order is barred by Article 179 of the Indian Limitation Act 1877.
  2. Whether section 230 of the Indian Code of Civil Procedure 1882 extends the limitation period to twelve years where no application for execution has been granted.

Orders

  • Application for execution dismissed.
  • Costs awarded to the judgment debtor.

Rules and key headnotes

Civil Procedure — Execution of Judgments — Limitation Period — Article 179 Indian Limitation Act 1877
An application for execution of a judgment is subject to the three-year limitation period prescribed by Article 179 of the Indian Limitation Act 1877 where no previous application for execution has been granted.
Statutory Interpretation — Civil Procedure Code — Section 230 — Applicability
Section 230 of the Indian Code of Civil Procedure 1882, which provides a twelve-year limitation period for subsequent execution applications, applies only when an application for execution has been made and granted. Where no execution application has been granted, the section is inapt and does not extend the limitation period.

Legislation cited (2)

  • Indian Limitation Act 1877 Art.179
  • Indian Code of Civil Procedure 1882 s.230

Cases cited (1)

  • Anderson v Thakur Dase and Another (C.C. 202 of 1920)

Full judgment

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

Stanley and Another v Mohamed (C.C. 86-1921.) [1931] EACA 11 (1 January 1931)
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.