[2023] UGHCLD 135
The application seeks enforcement of an order issued by the family division in Civil Suit No. 148 of 2013. According to Order 22 rule 7 of the Civil Procedure Rules, execution must be sought from the court which passed the decree. The applicant has improperly brought the application before the land division, which...
Source-derived case information.
- Citation
- [2023] UGHCLD 135
- Parties
- Applicant: Prossy Nabuguzi; Respondent: Sempra Patrick
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Misc Cause 27 of 2023
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- application dismissed
- Judges
- Nkonge, J
- Legal Topics
- Execution of Decree, Enforcement of Court Orders, Certificate of Title Submission, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prossy Nabuguzi
Applicant
Sempra Patrick
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether this court has jurisdiction to enforce an order issued by the family division in Civil Suit No. 148 of 2013.
- 2 Whether the applicant is entitled to a consequential order directing the respondent to submit the certificate of title for the suit land.
- 3 Whether the application is properly before this court.
Ratio Decidendi
The application seeks enforcement of an order issued by the family division in Civil Suit No. 148 of 2013. According to Order 22 rule 7 of the Civil Procedure Rules, execution must be sought from the court which passed the decree. The applicant has improperly brought the application before the land division, which lacks jurisdiction to enforce the family division's order. The application is therefore dismissed for being improperly before this court.
Court Disposition
application dismissed
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
26 paragraphs
## THE REPUBLIC OF UGANDA
### IN THE HIGH COURT OF UGANDA AT KAMPALA
## (LAND DIVISION)
## MISCELLANEOUS CAUSE NO.0027 OF 2023
$\mathsf{S}$
PROSSY NABUGUZI:::::::::::::::::::::::::::::::::::
#### **VERSUS**
10 SEMPA PATRICK::::::::::::::::::::::::::::::::::::
# Before: Lady Justice Alexandra Nkonge Rugadya.
## Ruling.
The brought this application under the provisions of **Section 98 of the**
- Civil Procedure Act Cap. 71, and Order 52 rules 1, 2, & 9 of the Civil 15 **Procedure Rules SI 71-1** seeking orders that; - 1. A consequential order be issued directing the respondent to submit to this court a certificate of title for land at Kyanja-Kampala comprised in Block 195 plot 3056 as ordered by this court on 29<sup>th</sup> April 2016 vide Civil Suit No. 148 of 2013 (now Civil Suit No.891 of 2017); - 2. Costs of the application be provided for.
# Grounds of the application:
The grounds upon which the application is premised on are contained in the $25$ affidavit in support thereof deponed by Ms. Prossy Nabuguzi, the applicant
Ochoef
herein who stated inter alia that on 29h April 20 16, this court issued an order in Ctull Sult No.748 oJa 2013.
I have carefully read the arguments by both sides and I have noted that an order among others were issued by the court in the family division which directed the respondent herein to submit to this court the certificate of land of land at KganJa-Kampala comprlsed ln Block 795 plot 3O56 (hereinafier refened to as the 'suit land')before 31"t May 2016.
It is not in dispute that the respondent was not party to Ctull Sutt No.148 oJ 2013. Ir is also not in contention that another suit Ciuit Sutt No.891 of
2O77 rn which the respondent was a party was dismissed on 16e October, 2020for want of prosecution; and Mlscellaneous Appllcatlon No.36 of 2O21 for its reinstatement was dismissed on 18m Apr1l,2023. 10
Under order 22 tlule 7 where a holder of a decree desires to execute it, he or she shall apply to the court which passed it. The applicant herein therefore seeks execution of an order that was issued by the family division, vide Ciuil Sult No,748 of 2013 which issued the orders which the applicant seeks to enforce.
The application is therefore improperly before this court and is therefore dismissed.
20 It is therefore dismissed with costs.
a g&P
25 Alexandra Nkonge Rugadga Judge
24th Mag, 2O23
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