Instituting a Civil Suit Part III
After judgment has been delivered in court, the successful party must extract an order or a decree in order to fully operationalise the judgment.
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\r\n Unfortunately many successful individuals forget this vital step and they stop at receiving the judgment and think that the judges’ orders will automatically materialize. This is not the case.
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\r\n The successful party upon extracting the order or decree must now take further steps to enforce it.
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\r\n Enforcement of order and decrees by the successful party:
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\r\n 1. A successful party may request enforcement by attachment of movable or immovable property by arrest of a debtor, by vacant possession or any other prescribed mode of enforcement.
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2. In the case of attachment and sale of movable property the sale must be advertised in a newspaper 14 days prior to the sale. The property must be valued by a competent property valuer and valuation approved by the magistrate or registrar. The sale must take place by public auction at the time and place mentioned in the advertisement.
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3. For immovable property (land) the sale must be advertised 30 days prior to the sale. The property must be valued by an approved valuer and the valuation must be approved by the court. Before the sale, the title deed of the property must be taken to court.
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4. The party whose immovable property has been attached has a right to make a written request to the court that s/he sells the property in person and then settles the debt owed. Where sale by the debtor is permitted by court, the court will direct the prospective buyer to deposit the proceeds in court.
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5. For the avoidance of doubt, the court bailiff who conducts a sale is under an obligation to deposit proceeds of sale in court.
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6. In the case of vacant possession, the parties must be given notice of eviction.
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7. In the case of warrants of arrest, the debtor has a right to be heard by the Magistrate before committal to prison.
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8. When a debtor is committed to Civil Prison, the Creditor has an obligation to pay fo the debtor’s upkeep in prison.
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9. For the avoidance of doubt, he court bailiff is an agent of court with an obligation to enforce decrees and orders under the supervision of the registrar or magistrate, and to carry out specific and clear instructions as directed by the magistrate or registrar.
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\r\n Harriet Nalukwago Ssali Lule
\r\n Judiciary Deputy PRO
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Posted 13th, March 2013
