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Part A. Task 2(c).

To recover the decretal sum, Linus Gumoshabe must first obtain a certified copy of the judgment and extract a matching decree. He then prepares and files a bill of costs, serves the decree and demand letter to the judgment debtor, and applies for execution. Finally, the court issues an execution order, which is enforced by a bailiff, leading to the sale of attached property to satisfy the decree.

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Part A. Task 2(c).

To recover the decretal sum, Linus Gumoshabe must first obtain a certified copy of the judgment and extract a matching decree. He then prepares and files a bill of costs, serves the decree and demand letter to the judgment debtor, and applies for execution. Finally, the court issues an execution order, which is enforced by a bailiff, leading to the sale of attached property to satisfy the decree.

Uploaded by

robeddembe
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What are the steps/procedures to be taken to recover the decretal sum?

To commence execution proceedings, Linus Gumoshabe must take the following steps:

Sect 25 of the Civil Procedure Act Cap 282 provides that after the case has been heard, Court shall
pronounce a judgement and the decree shall follow.

Order 21 r 1 of CPR provides that in suits where a hearing is necessary, the court after the case has
been heard shall pronounce a judgement in open court.

Sect 2 of the Civil Procedure Act Cap 282 defines a decree to mean a formal expression of an
adjudication which so far as regards the court expressing it, conclusively determines the rights of the
parties with regard to any of the matters in controversy in the suit.

Order 21 r 7 (1) of the CPR provides that a decree shall bear the date of the day on which the
judgement was delivered.

Order 21 r 7(2) of the CPR provides that it shall be the duty of the successful party in the suit to draft
a decree and submit it for approval of the other party of the suit who approve it with or without
amendments or reject it with or without undue delay.

0.21 r 8 of the CPR states that the decree shall not state the amount of the cost which, after they
have been taxed or otherwise ascertained shall be stated in a separate certificate to be signed by the
registrar.

NECESSARY STEPS.

1. Obtain Judgement and Extract Decree


 Get a certified copy of judgment from court (Order 21 Rule 3(1) of CPR).
 Extract and prepare a decree (Order 21 Rules 6 & 7), which should match the judgment.
 The decree should include suit details, party descriptions, relief granted.

2. Prepare and File Bill of Costs

 Bill of costs must conform to the Advocates Remuneration and Taxation of Costs Regulations
SI 267-4.
 Rule 37 & 47 of the Advocates (Remuneration and Taxation of costs) Rules outline the
process for preparing and taxing the bill.
 Tax hearing notice is issued, and the taxation master certifies the costs.

3. Serve the Decree, Costs, and Demand Letter on Judgment Debtor

 Serve certificate of taxation, decree, and demand letter to the judgment debtor.
 If the debtor fails to comply, proceed with execution.

4. Apply for Execution

 Application must be written (Order 22 Rule 8 of CPR) and include:


o Suit number, party names, date of decree, appeal details, execution mode.
 Court requires certified copies of decree.

5. Court Issues Execution Order

 If satisfied, court orders execution (Order 22 Rule 14 of CPR).


 Property must be reasonably and accurately described (Muwamba Kahire & Anor vs Abdi &
Sons (1989) KALR 144).

6. Issuing Process for Execution

 Order 22 Rule 21(2) of CPR: The court signs and seals the execution order.
 Bailiff is appointed under Judicature (Court Bailiffs) Rules, SI 13-6 Rule 4.
 Execution must comply with court instructions.

7. Enforcement of Execution by Bailiff

 Bailiff conducts attachment as per the court order.


 In Kabwengure vs Kanjabi 1974 HCB 89 The court stated that Bailiffs are protected but only
for lawful actions
 In Semakula vs Musoke [1981] HCB 46). The court stated that if a bailiff executes an unlawful
warrant, they can be sued

8. Sale of Attached Property

 Court oversees valuation and public auction.


 Proceeds go to satisfy the decree; excess funds are returned to the debtor.
 Order 22 Rule 62 of the CPR states that the sale must be conducted by a court official or
appointee and done by public auction.
 File the returns from the sale to court.

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