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Section 44: Property liable to attachment and sale
Civil Procedure Act · 282
Point-in-time consolidation · as at 31 December 2023. This non-pilot lookup is excluded from search indexes pending a deterministic currency check. Verify against the latest Uganda Gazette before relying on it.
Consolidated text
in execution of decree (1) The following property is liable to attachment and sale in execution of a decree, namely, lands,
houses or other buildings, goods, money, bank notes, cheques, bills of exchange, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, except as hereafter mentioned, all other saleable property, movable or immovable, belonging to the judgment debtor, or over which or the profits of which he or she has a disposing power which he or she may exercise for his or her own benefit, whether the property be held in the name of the judgment debtor or by another person in trust for him or her or on his or her behalf; except that-
(a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment debtor and of his wife and children and such personal ornaments as in accordance with religious usage cannot be parted with by any woman;
(b) tools of artisans and where the judgment debtor is an agriculturalist, such implements of
husbandry and such livestock and agricultural produce not exceeding in value five hundred shillings as may, in the opinion of the court, be necessary to enable him or her to earn his or her livelihood;
(c) books of accounts;
(d) a mere right to sue for damages;
(e) any right of personal service;
(f) stipends and gratuities allowed to pensioners of the Government, or payable out of any service family pension fund as the Minister may, by statutory instrument, specify in this behalf, and political pensions;
(g) the salary of any public officer, servant of a railway company or local authority, or any person privately employed to the extent of-
(i) the whole of the salary, where the salary does not exceed two million eight hundred
twenty thousand shillings monthly;
(ii) two million eight hundred twenty thousand shillings monthly, where the salary
exceeds two million eight hundred twenty thousand shillings and does not exceed five million six hundred forty thousand shillings monthly; and
(iii) one moiety of the salary in any other case;
(h) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(i) a right of future maintenance;
(j) any fund or allowance declared by law to be exempt from attachment or sale in execution of a decree,
shall not be liable to attachment and sale.
Explanation - The particulars mentioned in paragraphs (f), (g) and (j) are exempt from attachment and sale whether before or after they are actually payable.
(2) Subject to subsection (1)(g), in the case of the salary of any public officer, servant of a railway
company or local authority or any person privately employed, the attachment shall be made by a written order requiring the officer or person whose duty it is to disburse the salary to withhold every month such portion as the court may direct until further orders of the court.
(3) Nothing in this section shall be deemed to affect the provisions of the Uganda Peoples' Defence
Forces Act or of any similar Act.
Source: laws_africa.