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Judgments Extension Act

Ordinance 3 of 1908 Current version · as at 31 December 2023

An Act to make provision for the execution by the courts of Uganda of decrees and warrants in court cases made and granted by the courts of Kenya, Malawi and Tanzania.

Enacted1908
Commenced15 March 1908
Last amended—
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to make provision for the execution by the courts of Uganda of decrees and warrants in court cases made and granted by the courts of Kenya, Malawi and Tanzania.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 5 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Judgments Extension Act

Commenced on 15 March 1908

[This is the version of this document at 31 December 2023.]

An Act to make provision for the execution by the courts of Uganda of decrees and warrants in court cases made and granted by the courts of Kenya, Malawi and Tanzania.

Transfer and execution of Kenya, Malawi and Tanzania decrees

Where a decree has been obtained or entered in the Supreme Court of Kenya or in the High Court of Malawi or of Tanzania, or in any court subordinate to any of those courts, for any debt, damages or costs, and where it is desired that the decree shall be executed upon the person or property of the defendant in Uganda, the decree may be transferred to the High Court or to any of the courts subordinate to it, hereafter called "subordinate courts", for execution, and the provisions of the Civil Procedure Act for the transfer and execution of decrees shall apply in the same manner as if the decree had been obtained or entered in one court and were transferred for execution to another court within the jurisdiction of the High Court, and all proceedings shall, and may, be had and taken as if the decree had been a decree originally obtained in the High Court or a subordinate court, and all the reasonable costs and charges with regard to the transfer and execution of the decree shall be recovered in like manner as if it were part of the original judgment

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Transfer and execution of Kenya, Malawi and Tanzania decrees”.

“Where a decree has been obtained or entered in the Supreme Court of Kenya or in the High Court of Malawi or of Tanzania, or in any court subordinate to any of those courts, for any debt, damages or costs, and where it is desired that the decree shall be executed upon the person or property of the defendant in Uganda, the decree may be transferred to the High Court or to any of the courts subordinate to it, hereafter called "subordinate courts", for execution, and the provisions of the Civil Procedure Act for the…”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where a decree has been obtained or entered in the Supreme Court of Kenya or in the High Court of Malawi or of Tanzania, or in any court subordinate to any of those courts, for any debt, damages or costs, and where it is desired that the decree shall be executed upon the person or property of the defendant in Uganda, the decree may be transferred to the High Court or to any of the courts subordinate to it, hereafter called "subordinate courts", for execution, and the provisions of the Civil Procedure Act for the transfer and execution of decrees shall apply in the same manner as if the decree had been obtained or entered in one court and were transferred for execution to another court within the jurisdiction of the High Court, and all proceedings shall, and may, be had and taken as if the decree had been a decree originally obtained in the High Court or a subordinate court, and all the reasonable costs and charges with regard to the transfer and execution of the decree shall be recovered in like manner as if it were part of the original judgment
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
Mugimba Peter the ex-parte Order from the Kenyan Court is not registerable in the Ugandan courts because it is not a decree within the meaning of section 1 of the Judgments Extension Act which provides for transferring decrees from Kenya to the High Court of Uganda.
Githinji Kamiri v Ouma Oseko (Miscellaneous Cause No. 13 of 2012) [2012] UGCommC 135 (8 November 2012)
[2012] UGCOMMC 135 · High Court · 2012-11-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Civil Procedure Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Execution of warrants of above courts in Uganda

When any warrant is issued by the Supreme Court of Kenya or the High Court of Malawi or of Tanzania, or by any court subordinate to any such court for the arrest of a defendant in a civil case either before or after judgment, a judge of the High Court or a magistrate shall have power (a) to endorse and execute the warrant; or

(b)

to issue before that endorsement, a provisional warrant for the arrest of the defendant, upon receipt of such telegraphic or other information and in such circumstances as would in his or her opinion justify the issue of a warrant in a civil case within his or her jurisdiction, except that-

(i)

a person arrested under the provisional warrant shall be discharged unless the original warrant is produced and endorsed within such reasonable time as may in the circumstances seem requisite;

(ii)

no such warrant shall be endorsed or executed, and no such provisional warrant shall be issued, unless the warrant or information from the court desiring the arrest is accompanied by an intimation that the court indemnifies the High Court or magistrate's court against all costs, charges and expenses to be incurred by the High Court or magistrate's court;

(iii)

the provisions of the Civil Procedure Act for the arrest of defendants before and after judgment shall apply in the same manner as if the suit had been originally instituted in the High Court or a magistrate's court, and all reasonable costs and expenses with regard to proceedings for such arrests shall be recoverable in like manner as if they had been incurred in the court in which the suit has actually been instituted.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Execution of warrants of above courts in Uganda”.

“When any warrant is issued by the Supreme Court of Kenya or the High Court of Malawi or of Tanzania, or by any court subordinate to any such court for the arrest of a defendant in a civil case either before or after judgment, a judge of the High Court or a magistrate shall have power (a) to endorse and execute the warrant; or”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (b) to issue before that endorsement, a provisional warrant for the arrest of the defendant, upon receipt of such telegraphic or other information and in such circumstances as would in his or her opinion justify the issue of a warrant in a civil case within his or her jurisdiction, except that-
  2. (i) a person arrested under the provisional warrant shall be discharged unless the original warrant is produced and endorsed within such reasonable time as may in the circumstances seem requisite;
  3. (ii) no such warrant shall be endorsed or executed, and no such provisional warrant shall be issued, unless the warrant or information from the court desiring the arrest is accompanied by an intimation that the court indemnifies the High Court or magistrate's court against all costs, charges and expenses to be incurred by the High Court or magistrate's court;
  4. (iii) the provisions of the Civil Procedure Act for the arrest of defendants before and after judgment shall apply in the same manner as if the suit had been originally instituted in the High Court or a magistrate's court, and all reasonable costs and expenses with regard to proceedings for such arrests shall be recoverable in like manner as if they had been incurred in the court in which the suit has actually been instituted.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Civil Procedure Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Security to be taken from plaintiff and courts to be indemnified

A judge of the High Court or a magistrate requesting the arrest of a defendant under any law similar to this Act which may be enacted in Kenya, Malawi or Tanzania shall, before communication with a court in any such country, take security from the plaintiff in such sum as shall be sufficient to cover all the costs, charges and expenses to be incurred by the court to which application is made, and shall indemnify the court against all such costs, charges and expenses

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Security to be taken from plaintiff and courts to be indemnified”.

“A judge of the High Court or a magistrate requesting the arrest of a defendant under any law similar to this Act which may be enacted in Kenya, Malawi or Tanzania shall, before communication with a court in any such country, take security from the plaintiff in such sum as shall be sufficient to cover all the costs, charges and expenses to be incurred by the court to which application is made, and shall indemnify the court against all such costs, charges and expenses”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A judge of the High Court or a magistrate requesting the arrest of a defendant under any law similar to this Act which may be enacted in Kenya, Malawi or Tanzania shall, before communication with a court in any such country, take security from the plaintiff in such sum as shall be sufficient to cover all the costs, charges and expenses to be incurred by the court to which application is made, and shall indemnify the court against all such costs, charges and expenses
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Fees

The fees to be paid for any process or proceeding under this Act shall be such as may be fixed by the High Court with the approval of the Minister

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Fees”.

“The fees to be paid for any process or proceeding under this Act shall be such as may be fixed by the High Court with the approval of the Minister”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The fees to be paid for any process or proceeding under this Act shall be such as may be fixed by the High Court with the approval of the Minister
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power of Minister to extend Act to decrees of other Commonwealth countries

The Minister may, by statutory order, extend the provisions of this Act to decrees passed or warrants issued in any other country of the Commonwealth, and upon the publication of such order, all the provisions of this Act with reference to the execution of decrees passed or warrants issued by the above - mentioned courts shall have as full force and effect with reference to the decrees of the courts of the other country mentioned in the order as if the courts had been mentioned in this Act together with the Supreme Court of Kenya, and the High Court of Malawi, and of Tanzania and the courts subordinate to any of those courts

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power of Minister to extend Act to decrees of other Commonwealth countries”.

“The Minister may, by statutory order, extend the provisions of this Act to decrees passed or warrants issued in any other country of the Commonwealth, and upon the publication of such order, all the provisions of this Act with reference to the execution of decrees passed or warrants issued by the above - mentioned courts shall have as full force and effect with reference to the decrees of the courts of the other country mentioned in the order as if the courts had been mentioned in this Act together with the…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The Minister may, by statutory order, extend the provisions of this Act to decrees passed or warrants issued in any other country of the Commonwealth, and upon the publication of such order, all the provisions of this Act with reference to the execution of decrees passed or warrants issued by the above - mentioned courts shall have as full force and effect with reference to the decrees of the courts of the other country mentioned in the order as if the courts had been mentioned in this Act together with the Supreme Court of Kenya, and the High Court of Malawi, and of Tanzania and the courts subordinate to any of those courts
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.