Garnishee Orders and monies in the consolidated fund.
Garnishee Orders and monies in the consolidated fund.
- Uganda House, 7th Floor Plot 18A Kampala Road, P. O. Box 70370 (U)
- +256 414 671 982, +256 782 127 271, +256 701 885 236
Your Legal Authority
Today’s legal bite:
#Public Finance
# Garnishee Orders
The Hon. Justice Dr. Flavian Zeija, earlier on this month, in the case of CHINA HENAN INTERNATIONAL CORPORATION GROUP LTD v. JUSTUS KYABAHWA & UNRA, Miscellaneous Application No. 922 of 2021 made some important decisions on #Public Finance and
# Garnishee Orders.
Agreeing, largely, with the arguments advanced by the lawyers from Lawgic Advocates, representing CHINA HENAN INTERNATIONAL CORPORATION GROUP LTD, ruled that:
i) monies charged onto the Consolidated Fund are not subject to attachment by Garnishee. To do so would be in contravention of Articles 153 (1) & (2), and 154 (1) of the Constitution, and Section 32 of the Public Finance Management Act;
ii) A Garnishee Order cannot be issued for a contingent debt;
iii) A Judgement Debtor cannot claim more monies under a Garnishee Order Absolute, than was awarded on the Garnishee Order Nisi;
iv) Court ought to investigate the garnishee’s liability to pay the debt before issuing an Order Absolute. [Or. 23 r. 4 CPR]