Wakilii

Trans Africa Assurance Co. Ltd v National Social Security Fund (Civil Appeal No 1 of 1999)

Supreme Court · [1999] UGSC 44 · 1999 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second appeal to the Supreme Court from a Court of Appeal decision in objector proceedings to an attachment in execution
Decision
Appeal dismissed; Court of Appeal decision leaving the disputed property in the objector's possession affirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Supreme Court dismissed the appeal and upheld the Court of Appeal. In objector proceedings under Order 19, the objector need only establish that at the date of attachment it was in possession of the property on its own account, and some interest in it, on a balance of probabilities — not conclusive ownership. The objector's affidavit evidence of how it acquired the equipment on termination of a building contract was uncontroverted, the appellant's affidavits in reply being bare assertions. The best evidence rule does not apply to affidavits, so failure to annex the building contract was not fatal. Registration of the vehicles in the judgment-debtor's name raised only a rebuttable presumption of ownership, which was successfully rebutted.

Outcome

Appeal dismissed; Court of Appeal decision leaving the disputed property in the objector's possession affirmed

Facts

The appellant obtained a money judgment against Alcon International Ltd, the judgment-debtor, and the High Court Registrar issued a warrant of attachment over construction equipment, including a caterpillar and a motor lorry, believed to belong to the judgment-debtor. When a court bailiff went to Plot 1 Pilkington Road, Kampala to carry out the attachment, agents of the National Social Security Fund resisted, asserting possession and ownership. The Fund filed objector proceedings, claiming it had acquired rights over the equipment on termination of a building contract between it and the judgment-debtor, who was its contractor. Under the contract, on termination the employer was entitled to use the contractor's plant, materials and vehicles, and the disputed vehicles and equipment had been paid for on certificates by the Fund and become its property, though still registered in the judgment-debtor's name. The property had not in fact been attached at the time the objection was determined.

Issues

  1. Whether, in objector proceedings to an attachment in execution, the objector must conclusively prove ownership of the attached property or only establish possession and some interest on a balance of probabilities.
  2. Whether the affidavit evidence of the objector was unchallenged where the appellant's affidavits in reply contained mere assertions without supporting evidence.
  3. Whether failure to annex the building contract to the objector's affidavit rendered the affidavit evidence inadmissible under the best evidence rule.
  4. Whether registration of the disputed property in the name of the judgment-debtor was conclusive evidence of ownership.

Orders

  • Appeal dismissed.
  • Costs of the appeal awarded to the objector (respondent) in the Supreme Court and in both the Court of Appeal and the High Court.

Rules and key headnotes

Civil Procedure — Objector Proceedings — Burden and Standard of Proof on Attachment in Execution
In objector proceedings under Order 19 of the Civil Procedure Rules, the objector is required only to establish that at the date of attachment it was in possession of the attached property on its own account, and that it had some interest in it, on a balance of probabilities; it is not required to prove ownership definitely and conclusively.
Evidence — Affidavits — Best Evidence Rule Inapplicable
The best evidence rule does not apply to affidavits; a deponent may state facts within their knowledge acquired from documents, and the omission to exhibit those documents does not render the affidavit inadmissible.
Evidence — Affidavit Evidence — Rebuttal by Affidavit Only
Where evidence in interlocutory or objector proceedings is given by affidavit, it can only be challenged by affidavit in reply; a mere assertion unsupported by any evidence in rebuttal leaves the deponent's averments uncontroverted.
Evidence — Registration — Rebuttable Presumption of Ownership
Although registration of property leads to a presumption of ownership, it is not conclusive evidence of ownership and may be rebutted.
Civil Procedure — Objector Proceedings — Duty of Court to Investigate the Claim
Where a claim or objection to the attachment of property is made under Order 19 rule 55 of the Civil Procedure Rules, the court is under a duty to investigate the claim and examine the available evidence in light of the relevant rules.

Legislation cited (6)

Cases cited (3)

  • Harilal & Co v Buganda Industries Ltd [1960] EA 318
  • General Insurance Corporation of India, 1967 EA
  • ... v Mallapa (citation severely affected by OCR)

Full judgment

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

Trans Africa Assurance Co. Ltd v National Social Security Fund (Civil Appeal No 1 of 1999) [1999] UGSC 44 (10 August 1999)
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.