What to know about bailiffs ,
aucutioneers and mediators
Court
Bailiffs:
A Court
Bailiff is a
person charged with
the duty of
executing Court orders.
Before one
can carry out duties of a Court Bailiff, they are required to obtain a License
from the Chief
Registrar or
the Deputy Chief Registrar or the District
Registrar. These are
the persons charged
with the duty of licensing Court
Bailiffs. Before the Chief Registrar grants a license to a person to carry out the
duties of a Court Bailiff, he or she is required to first satisfy themselves
that the Applicant meets
the criteria
that is: He/She
must be of
good repute with
a firm financial
standing; They must
be in
possession
of adequate facilities for the safe storage of goods; They should not be the
subject of any bankruptcy proceedings or be an undischarged bankrupt; and
Should not have any criminal record. In order
for the Chief
Registrar to satisfy
himself/herself of the
above, the applicant
is required to furnish
the Chief Registrar recommendations from three referees and reports concerning
the Applicant
from the
Chief Administrative officer,
District Police Commander,
Chairman Local Council
in the area where the Applicant is to carry on
business,
Bank Manager
of the bank where the Applicant has an
Account. The Registrar
is required to
verify the information
submitted by the
Applicant and also carry
out an inspection
of the facilities
the applicant has
for storage. Once
the Chief Registrar
is satisfied with all
the above conditions,
he issues a
license, which remains
valid until 31st
December every year
.
A Court
Bailiff issued with a license
is required to
renew the same
every year by
making a fresh
application to
the Chief Registrar.
The Chief Registrar
may either issue
a general license,
which
authorizes the
Bailiffs to conduct
business in any part of
Uganda or a
Local License, which
restricts
the area
of operation to the place
named in the
license
.
The Bailiff
is required to
pay license fees,
which is Ug.
Shs 45.000 (forty five thousand) for th
e general
license and Ug. Shs 25.000 (twenty five
thousand) for
the local license.
In addition to
the license, the
Court Bailiffs are
also issued with
an
appointment letter
from the Chief
Registrar. It should
be noted that
a Court Bailiff
might carry out
duties of an
Auctioneer without an Auctioneer’s license.
3.12
Auctioneers:
An
Auctioneer or a person who carries out business of an Auctioneer is defined as one
who inter alia sells or offers for sale any movable or immoveable property at
any sale or auction.
Before one
can carry on the business of an Auctioneer, they are required to obtain a
license from the
appointing Authority.
Where the application
is made in
City; Municipality or
Town Council, the
Council or
the Board of that entity is the licensing authority. Where the application is
made outside a
City; Municipality
or Town Council,
then the Chief Administrative Officer
is the person
who grants
the license.
The appointing authority
may either grant
a general license
which authorizes the Auctioneer to
carry on the
business anywhere in
Uganda, or
a local license
which authorizes the auctioneer to conduct business only in
the place named in the license. However, there is a prohibition
of Auctioneers
conducting business in
Entebbe, Kampala or
Jinja unless they
hold a
general license.
The licenses
issued are either
annual licenses, which
expire every 31st
of December, or
half yearly
ones, which
expire on the 30th of June each year.
Mediators:
Mediators are
carefully selected advocates, trained
individuals, retired judges
and experts in various
professional and business fields.
Ideally, a
mediator should be a person with training in negotiation and
mediation skills that
is highly
respected
and experienced in
settling disputes. In Practice, mediation
is conducted by a person
qualified and certified
by CADER as
a mediator and
selected by
the parties from the roster of mediators established and maintained by CADER,
or a person
assigned by
CADER from the
roster established and
maintained by CADER.
The parties from
a list provided by CADER usually
select the mediator.
Compiled by public relations office
for the Uganda court bailiffs
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