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Subject to these Rules, execution proceedings shall be conducted by a person
to be designated a court bailiff who shall hold a licence issued by an
appointing authority under rule 5 of these Rules and a letter of appointment
in the form specified in the First Schedule to these Rules.
5.
Authority to license and appoint court bailiffs.
(1)
The appointing authority may license and appoint any person to
be a court bailiff, if it is satisfied that the person—
(a)
is of good repute and financial standing;
(b)
has adequate facilities for the safe storage of goods;
(c)
is not an undischarged bankrupt
or the subject of any bankruptcy
proceedings in any country; and
(d)
has not been convicted of
any criminal offence involving
dishonesty.
(2)
The Rules Committee may, from time to time, add to the
qualifications specified under subrule (1) of this rule as it may deem
necessary.
(3)
Before the appointment of a court bailiff and the issuing of a
licence in that respect, the appointing authority shall—
(a)
obtain recommendations of the applicant’s three referees;
(b)
obtain reports regarding the applicant from—
(i)
the resident district commissioner;
(ii)
the district police commander;
(iii) the county chief;
(iv) the manager of the bank in which his or her account is kept;
(c)
verify the applicant’s information; and
(d)
inspect the applicant’s facilities of storage.
(4)
The licence issued under subrule (1
) of this rule shall be annual
and shall remain valid until the 31st day of December next following.
(5)
A court bailiff may, without an auctioneer’s licence required
under section 3 of the Auctioneers
Act, carry out the business of an
auctioneer under section 17(a) of that Act.
6.
Application for licence and appointment as court bailiff.
Every application for a licence and appointment as a court bailiff shall be in
writing and shall state—
(a)
the full name, place of business and postal address of the
applicant;
(b)
the language in which the applicant is literate and his or her
standard of education;
(c)
the facilities and their location the applicant has for the safe
storage of goods;
(d)
the name of the applicant’s bankers and the address of the branch
in which his or her account is kept;
(e)
the permanent place of the applicant’s residence; and
(f)
names and addresses of three referees.
7.
Court’s discretion to grant or refuse a licence.
The appointing authority may grant or refuse a licence under these Rules
whether or not an applicant has previously held a licence.
8.
Cancellation or suspension of a licence.
(1)
The appointing authority may, for good cause, cancel or suspend
the licence of a court bailiff; except that—
(a)
the court bailiff shall have been given opportunity to show cause
to the appointing authority against any such order of cancellation;
and
(b)
any aggrieved court bailiff may appeal to the High Court within
thirty days of notification of the cancellation.
(2)
Any court bailiff whose licence has been cancelled shall not be
eligible for reappointment.
9.
Licence fees.
(1)
Licences shall be of two kinds—
(a)
a general licence, authorising the licensee to carry on the business
of a court bailiff anywhere in Uganda; and
(b)
a local licence, authorising th
e licensee to carry on the business
of a court bailiff only in the place named in the licence.
(2)
The fees payable for the licences mentioned in this rule are those
specified in the Third Schedule to these Rules.
(3)
No court bailiff shall execute a High Court warrant unless he or
she holds a general licence.
10.
Court bailiff to give security.
A court bailiff shall be required to give a cash security for the faithful
discharge of his or her duties in the
sum of three thousand shillings for the
general licence and nine hundred shillings for a local licence.
11.
Valuation of attached property.
(1)
Notwithstanding rule 8(2) of
Order XXII of the Civil Procedure
Rules, where the court is not satisfied with the value attached on each item,
it shall review and determine the value of the property attached and where it
deems fit and for reasons recorded shall obtain the valuation report.
(2)
Where the highest bid of the property is below the value
determined under subrule (1) of this ru
le, the sale shall be subject to the
court’s approval.
(3)
In case of livestock or other animals, either the registrar or chief
magistrate shall sanction the arrangement for the safe keeping of the animals
before attachment and disposal of the animals.
(4)
Before the court issues the attachment warrant it shall have regard
to the value of the property to be att
ached vis a vis the decretal amount. In
cases where there is over attachment, the court shall not issue the warrant.
(5)
The court bailiff shall make a list of the attached property in
triplicate which shall be signed by him or
her, the debtor and witnessed. He
or she shall send the original to the court that issued the attachment warrant
and retain the duplicate for himself or herself and the triplicate for the debtor.
When sending the original to the court that issued the attachment warrant, the
court bailiff shall state the approximate value of each item.
12.
Court bailiff not to sell to himself or herself, etc.
The court bailiff shall not sell any of
the attached property to himself or
herself or a member of his or her family
or a firm or company in which he or
she has an interest.
13.
Discharge of duties by bailiffs in rotation.
Where there are more court bailiffs than one duly licensed by a court, then
the bailiffs shall be called upon in rotation to carry out execution
proceedings; except that on application by the party desiring the services of
a bailiff, and for cause recorded by the
court, a particular court bailiff may
be called upon out of turn by the court to act in execution proceedings.
14.
Appointment of bailiff other than court bailiff.
Where no court bailiff is available or willing to act in any particular matter,
the appointing authority may appoint any other person a bailiff for that
particular matter without requiring him or her to be licensed as such.
15.
Proceeds and costs of execution.
(1)
A court bailiff shall deposit in court all proceeds of his or her
execution within seven days of the ex
ecution and thereafter submit his or her
bill of costs including his or her fees and disbursements for taxation.
(2)
Where a court bailiff after execution makes payment into court
by cheque, his or her bill of costs shall not be taxed before his or her cheque
is cleared.
(3)
Cheques by a judgment debtor or by the purchasers of the
attached property shall not be made in the name of Uganda Administration.
(4)
If execution is prevented on a stay of execution for whatever
cause, the court bailiff’s costs, if any, shall be paid by the judgment creditor.
16.
Insurance of goods in court bailiff’s custody.
(1)
A court bailiff shall—
(a)
take out a general policy of insurance covering the goods that
may be in his or her custody and additional policies covering
attached expensive items, against theft, damage or destruction by
fire; and
(b)
within fourteen days of taking out a licence show to the
appointing authority that he or she has taken out a general policy
of insurance.
(2)
The appointing authority shall inspect the policy of insurance and
any current receipts of premium paid.
(3)
Where property to be handled by the court bailiff is over three
thousand shillings, he or she shall produce to the appointing authority a cover
policy of the estimated value of the property.
17.
Remuneration.
(1)
A court bailiff, or other baili
ff appointed under rule 14 of these
Rules shall be entitled to remuneration for his or her services in accordance
with the scale of fees specified in the Second Schedule to these Rules.
(2)
When in execution proceedings
it is necessary for a bailiff to
travel outside the limits of the municipality, town or other place where his or
her place of business is situated, he or she may claim such additional sum as
may, in the opinion of the court, be reasonably necessary to cover the actual
cost of the journeys.
18.
Remuneration of bailiffs being Government officers.
When the bailiff is appointed under rule
14 of these Rules and is an officer
of Government employed on the basis that he or she is remunerated for his
or her whole time, then the appropriate
fee specified in the Second Schedule
to these Rules shall be payable into revenue as court fees.
19.
Bailiffs’ expenses.
The expenses of a bailiff in respect of advertising, inventories, catalogues,
insurance and safeguarding property, including wages of watchperson and
rent of premises for storage, shall be
payable out of the fees payable to him
or her and shall not be charged for additionally; except that with the
permission of the court the following additional expenses may be allowed if
the court is satisfied that they are necessary and reasonable in the
circumstances—
(a)
actual out of pocket disbursement for publication of an
advertisement of sale in one or more newspapers;
(b)
actual disbursements by way of wages of a watchperson to
safeguard the property while under attachment on premises other
than the premises of the bailiff;
(c)
actual disbursement by way of rent for storage of property under
attachment on the premises of the bailiff; and
(d)
insurance of expensive items if the court thinks fit and a
proportion of the general policy taking into account the time the
goods have been in his or her possession.
20.
Offences and penalties.
(1)
Any court bailiff who contravenes or fails to comply with any of
the provisions of these Rules or in any way abuses his or her powers commits
an offence and is liable on conviction
to a fine not exceeding three thousand
shillings or to imprisonment for a term not exceeding six months or both.
(2)
Before the prosecution of the court bailiff, the consent of the
Director of Public Prosecutions shall first be obtained, and the prosecution
shall not prejudice any civil case that may be brought against him or her.
_____
1
Delete whichever is inapplicable.
SCHEDULES
First Schedule.
rule 4.
Forms.
Form A.
Licence.
The Court Bailiffs Rules.
______
______________________ is licensed to be a court bailiff of the
High Court of Uganda/the Magistrates Court
1
of
___________________________
_________________________________
Chief Registrar, Deputy Chief Registrar,
Assistant Registrar
1
rule 4.
Form B.
Letter of Appointment.
The Court Bailiffs Rules.
___________________________ is appointed to be a court bailiff of the
High Court of Uganda/the Magistrate’s Court
1
of ____________________
_________________________________
Chief Registrar, Deputy Chief Registrar,
Assistant Registrar
1
_____
Second Schedule.
rules 17, 18.
Scale of fees.
Shs.
1. (1) When the sum for which execution has been issued
is tendered to a bailiff entrusted with the execution
before or at the time of or within an hour after
attaching the property, whether movable or
immovable, together with his or her legally
recoverable fees and expenses to that time
9,000
(2) In any other case—
(a) on attachment of movable property—
(i)
when the amount of the decree does not
exceed 120,000 shillings to include
keeping possession for fifteen days
15,000
(ii) when the amount of the decree exceeds
120,000 shillings to include keeping
possession for fifteen days
3% of the amount
of the decree but
not less than 15,000
shillings
(iii) for keeping possession each day after the
first fifteen days provided that a
minimum fee of 1,000 shillings may be
charged, and no fee of more than 6,000
shillings shall be chargeable
.25% of the
estimated value
(b) on attachment of immovable property—
(i)
when the amount of the decree does not
exceed 120,000 shillings
15,000
(ii) when the amount of the decree exceeds
120,000 shillings
30,000
2.
On sale of—
(a) movable property—
(i)
when the amount of the decree does not
exceed 120,000 shillings with a
minimum fee of 4,500 shillings
7.5%
(ii) when the amount of the decree exceeds
120,00 shillings up to 300,000 shillings
5.5%
On every 300,000 shillings or part of
that amount up to 3,000,000 shillings
2%
Shs.
On every 3,000,000 shillings or part of
that amount up to 30,000,000 shillings
1%
Over 30,000,000 shillings
.5% but not more
than 450,000
shillings
(b) immovable property—
(i) when the amount of the decree does not
exceed 120,000 shillings
9,000
(ii) when the amount of the decree exceeds
120,000 shillings but does not exceed
300,000 shillings
7.5% but not less
than 9,000 shillings
On every 300,000 shillings or part of that
amount up to 3,000,000 shillings
2.5%
On every 3,000,000 shillings or part of that
amount up to 30,000,000 shillings
1% but not more
than 600,000
shillings
3.
On postponement of a sale (payable by the party
applying for postponement)—
(a) of movable property—
(i)
where the amount of the decree does not
exceed 120,000 shillings
6,000
(ii) where the amount of the decree exceeds
120,000 shillings
12,000
(b) of immovable property
12,000
_____
Third Schedule.
rule 9(2).
Licence fees.
1. General licence
45,000 shillings
2. Local licence
25,000 shillings
_____
History:
S.I. 64/1987; S.I. 15/1991.
Cross References
Auctioneers Act, Cap. 270.
Civil Procedure Act, Cap. 71.
Civil Procedure Rules, S.I. 71-1.
Magistrates Courts Act, Cap. 13.
_____
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