Wakilii

Tororo Cement Ltd v Zyene Enterprises Ltd and Others (Civil Appeal No. 62 of 2017)

High Court · [2020] UGHC 415 · 2020 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's order directing judgment creditor to pay court bailiff's costs of execution
Decision
Orders of Deputy Registrar set aside; matter to proceed against judgment debtors

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal, holding that the Deputy Registrar was functus officio when she ordered the judgment creditor to pay the court bailiff's costs of execution after having previously directed that such costs be recovered from the judgment debtors' properties. The court further held that the Deputy Registrar erred in ordering the judgment creditor to pay without first serving taxation hearing notices on the creditor, thereby violating natural justice. The Deputy Registrar's orders of 18 May 2017 and the subsequent warrant of attachment were set aside.

Outcome

Orders of Deputy Registrar set aside; matter to proceed against judgment debtors

Facts

Tororo Cement Ltd obtained default judgment against Zyene Enterprises Ltd and Paapu Sayani for UGX 3,844,036,835. The company appointed two bailiffs, including Wakou Michael, to execute the decree. Before execution was completed, the Deputy Registrar discharged Wakou Michael from further executing the decree and ordered on 3 November 2016 that he recover his costs from the judgment debtors' properties liable for attachment. The Deputy Registrar taxed Wakou's bill of costs exparte at UGX 41,765,000 against the judgment debtors. Subsequently, on 18 May 2017, the Deputy Registrar issued a warrant directing Wakou to recover his costs from Tororo Cement Ltd (the judgment creditor) instead. Wakou commenced execution proceedings against Tororo Cement, which appealed the Deputy Registrar's order.

Issues

  1. Whether the Deputy Registrar was functus officio when she ordered the judgment creditor to pay the court bailiff's costs after having previously directed that the bailiff recover costs from the judgment debtors.
  2. Whether the Deputy Registrar erred in taxing the respondent's bill of costs in the absence of the appellant and without according the appellant a fair hearing.
  3. Whether the appeal should have been brought by Notice of Motion or by Memorandum of Appeal.

Orders

  • Appeal allowed.
  • The whole decision and orders of the Deputy Registrar made on 18 May 2017 in Civil Suit No. 022 of 2016 are set aside.
  • The warrant of attachment and sale of the Appellant's properties issued by the Deputy Registrar is set aside.
  • The garnishee nisi order issued on 23 May 2017 is set aside.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Appeals from Registrar — Procedure — Form of Appeal
Appeals from decisions of a registrar of the High Court are brought by Notice of Motion under Order 50 Rule 8 of the Civil Procedure Rules, not by Memorandum of Appeal.
Civil Procedure — Functus Officio — Registrar Vacating Own Order
A registrar who has taxed a bailiff's bill of costs against judgment debtors and ordered them to pay is functus officio and cannot subsequently order the judgment creditor to pay the same costs without setting aside the earlier order.
Civil Procedure — Natural Justice — Audi Alteram Partem — Right to Fair Hearing
Where a registrar orders a party to pay costs, that party is entitled to notice of the taxation hearing and an opportunity to be heard; a decision affecting a party taken without according that party a hearing violates natural justice and cannot stand.
Civil Procedure — Execution — Court Bailiff's Costs — Liability of Judgment Creditor
Under Rule 15(4) of the Judicature (Court Bailiffs) Rules, a judgment creditor is liable for court bailiff's costs only in the event of a stay of execution for whatever cause; in the absence of such a stay, the bailiff recovers costs from the judgment debtors.

Legislation cited (14)

Cases cited (8)

  • Goodman Agencies Ltd v Attorney General (Constitutional Petition No. 3 of 2008)
  • A.K.P.M Lutaaya v Attorney General (Civil Reference No. 1 of 2007)
  • Kampala University v National Council for Higher Education (Misc. Cause No. 53 of 2014)
  • Amratlal Purshottam Bhimji and Another v Gian Singh Bhambra and 3 Others (HCCS No. 298 of 2010)
  • Infinity Telecom Uganda Ltd v Eco Bank Uganda Ltd and Another (Miscellaneous Application No. 2129 of 2016)
  • Kalumba Benjamin Ssebuliba and Another v Kakira Sugar Works (1985) Limited (Miscellaneous Application No. 4611 of 2014)
  • Mugemu Enterprises v Uganda Breweries Ltd (CS No. 462 of 1991)
  • Marko Matovu & others v Mohammed Sseviri (supra)

Full judgment

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

Tororo Cement Ltd v Zyene Enterprises Ltd and Others (Civil Appeal No. 62 of 2017) [2020] UGHC 415 (30 September 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.