[2025] UGHCFD 51
The application is not tenable in law because the Civil Procedure Act only permits a decree to be executed by the court that passed it or by a court to which it is sent for execution. Specifically, Section 31(2) allows a higher court to send its decree for execution to a lower court, but does not permit a lower...
Source-derived case information.
- Citation
- [2025] UGHCFD 51
- Parties
- Applicant: Luhinda Junior; Respondent: Umutesi Faith
- Court
- HC: Family Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Cause 26 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- application dismissed
- Judges
- Keitirima, J
- Legal Topics
- Execution of Decrees, Jurisdiction of Courts, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luhinda Junior
Applicant
Umutesi Faith
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the High Court can reseal and execute orders issued by the Family and Children's Court of Kasangati.
- 2 Whether a higher court can execute or transfer for execution a decree/order from a lower court.
Ratio Decidendi
The application is not tenable in law because the Civil Procedure Act only permits a decree to be executed by the court that passed it or by a court to which it is sent for execution. Specifically, Section 31(2) allows a higher court to send its decree for execution to a lower court, but does not permit a lower court to send its decree for execution to a higher court. Therefore, the High Court cannot reseal or execute orders issued by the Family and Children's Court of Kasangati. The lower court retains the authority and responsibility to execute its own decisions.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The lower court should execute its own decision.
Full Case Text
Judgment text and source record
19 paragraphs
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION) **MISCELLANEOUS CAUSE NO. 0026 OF 2022** (ARISING OUT OF MISCELLANEOUS APPLICATION NO. 0033 OF **2021 OF FCC-KASANGATI)** (ARISING OUT OF FCC NO. 040 OF 2020 OF FCC-KASANGATI)
LUHINDA JUNIOR :::::::::::::::::::::::::::::::::::: **VERSUS** UMUTESI FAITH ::::::::::::::::::::::::::::::::::::
## BEFORE HON. JUSTICE JOHN EUDES KEITIRIMA
## **RULING**
1]. This is an application brought by way of Notice of Motion under Section 33 of the Judicature Act Cap 13 (as it applied then) and Order 52 Rules 1 & 3 of the CPR.
2]. The applicant is seeking for orders that; -
The consent settlement dated 10<sup>th</sup> June 2021 executed by the $(i)$ parties and endorsed by Court on 10<sup>th</sup> June 2021 in FCC No.
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040 of 2020 and the order issued on 8<sup>th</sup> September 2021 in M. A No. 33 of 2021, all of the Family and Children's Court of Kasangati, be resealed and executed as orders of this Court.
In the alternative the consent settlement dated 10<sup>th</sup> June 2021 $(ii)$ executed by the parties and endorsed by Court on 10<sup>th</sup> June in FCC No. 040 of 2020 and the order issued on 8<sup>th</sup> September in M. A No. 33 of 2021 all of the Family and Children's Court of Kasangati be transferred for execution to this Court and executed as orders of this Court.
The application was supported by the affidavit of the applicant.
3]. Section 30 of the Civil Procedure Act Cap 282 provides that "A decree may be executed either by the Court which passed the decree or by the Court to which the decree is sent for execution."
4]. Section 31(2) of the Civil Procedure Act Cap 282 provides that "The Court which passed a decree may of its own motion send it for execution to any Court inferior but competent jurisdiction".
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5]. A lower Court cannot therefore send its decree/order for execution to a higher Court. It is only a higher Court that can send its decree/order for execution in a lower Court.
6]. An application that seeks a higher Court as it is in this application to reseal or execute orders of a lower Court is therefore not tenable in law.
The application will therefore be dismissed and the lower Court should be able to execute its decision.
Hon. Justice John Eudes Keitirima.
20/06/2025