[1931] EACA 11

[1931] EACA 11

The court determined that section 230 of the Indian Code of Civil Procedure, 1882, was inapplicable because no previous application for execution had been granted in this case. Therefore, the limitation period provided by Article 179 of the Indian Limitation Act, 1877, applied. Since more than three years had elapsed since the last order for execution, the present application for execution was time-barred. The application was accordingly dismissed with costs.

Citation
[1931] EACA 11
Parties
Plaintiff: Coverdale & Stanley; Defendant: Saleh Mohamed
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1931
Case Number
C.C. 86/1921.
Procedural Posture
Civil Case / Application for Execution of Judgment
Outcome
application dismissed as time-barred
Judges
Barth CJ
Legal Topics
Limitation Periods, Execution of Judgments, Application for Execution
Source Language
English
Civil Procedure Limitation Periods Execution of Judgments Application for Execution

Case Brief

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Parties

Coverdale & Stanley

Plaintiff

Saleh Mohamed

Defendant

Procedural Posture

Civil Case / Application for Execution of Judgment

Legal Issues

  1. 1 Whether the application for execution is barred by limitation under Article 179 of the Indian Limitation Act, 1877.
  2. 2 Whether section 230 of the Indian Code of Civil Procedure, 1882, is applicable to the present application for execution.

Ratio Decidendi

The court determined that section 230 of the Indian Code of Civil Procedure, 1882, was inapplicable because no previous application for execution had been granted in this case. Therefore, the limitation period provided by Article 179 of the Indian Limitation Act, 1877, applied. Since more than three years had elapsed since the last order for execution, the present application for execution was time-barred. The application was accordingly dismissed with costs.

Court Disposition

application dismissed as time-barred

Orders

  • The application for execution is dismissed as barred by limitation under Article 179 of the Indian Limitation Act, 1877.
  • The applicant is to pay the costs of the application.