[1932] EACA 52

[1932] EACA 52

The majority of the Court held that section 230 of the Indian Civil Procedure Code, 1882, is a law of limitation recognized by the Limitation Act itself and applies where an application to execute a decree for payment of money has been made and granted. In such cases, the period of limitation is twelve years from the date of the order granting execution, not three years as provided by Article 179. The Court found that the application for execution made in August 1932 was within the twelve-year period from the previous granted application in September 1924 and was therefore not barred by limitation. The appeal was allowed, the lower court's order was set aside, and the application for...

Citation
[1932] EACA 52
Parties
Appellant: Maria Blandina Saldanha De Souza and Victor Francis Saldanha, trading as M. R. De Souza & Co.; Respondent: C. F. Campbell Clause, Joseph E. De Souza and Lawrence I. Fernandes, trading as Thika Cash Stores
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1932
Case Number
C.A. 31/1932.
Procedural Posture
Civil Appeal / Appeal From Supreme Court Order on Execution Application
Outcome
appeal allowed
Judges
Barth, C.J (Kenya), Law, Ag C.J. (Uganda), Sheridan, C.J. (Tanganyika)
Legal Topics
Limitation Periods, Execution of Decrees, Interpretation of Statutes, Application for Attachment, Judgment Enforcement
Source Language
English
Civil Procedure Limitation Periods Execution of Decrees Interpretation of Statutes Application for Attachment Judgment Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maria Blandina Saldanha De Souza and Victor Francis Saldanha, trading as M. R. De Souza & Co.

Appellant

C. F. Campbell Clause, Joseph E. De Souza and Lawrence I. Fernandes, trading as Thika Cash Stores

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court Order on Execution Application

Legal Issues

  1. 1 Whether the application for execution of a decree made in August 1932 was barred by limitation under the Indian Limitation Act, 1877, Article 179.
  2. 2 Whether section 230 of the Indian Civil Procedure Code, 1882, prescribes a separate period of limitation for execution applications.
  3. 3 Whether Article 179 of the Limitation Act or section 230 of the Civil Procedure Code governs the limitation period for execution of decrees.

Ratio Decidendi

The majority of the Court held that section 230 of the Indian Civil Procedure Code, 1882, is a law of limitation recognized by the Limitation Act itself and applies where an application to execute a decree for payment of money has been made and granted. In such cases, the period of limitation is twelve years from the date of the order granting execution, not three years as provided by Article 179. The Court found that the application for execution made in August 1932 was within the twelve-year period from the previous granted application in September 1924 and was therefore not barred by limitation. The appeal was allowed, the lower court's order was set aside, and the application for...

Court Disposition

appeal allowed

Orders

  • Application for execution remitted to the Supreme Court to be dealt with on the merits.
  • Appellants awarded costs of the appeal and costs in the court below to follow the event.