The Civil Division of the High Court has ruled that a bailiff must pay compensation and damages totaling Shs520m for wrongly and illegally attaching property that exceeded the court’s order. Justice Musa Ssekaana, the head of the High Court’s Civil Division, ordered Mr. Fredrick Byatukoreire, the bailiff, to pay Shs400m to Engeye Bakery Limited for unlawfully attached property, Shs100m in punitive damages to the judgment debtor, and Shs20m decretal sum to the judgment creditor.
The case originated when Engeye Bakery Limited directors failed to pay Shs21m to Engano Millers, as ordered by the High Court. In response, Engano Millers dispatched Mr. Byatukoreire to enforce the court order. However, during the execution process, Byatukoreire unlawfully attached items not specified in the warrant, leading to a legal challenge by Engeye Bakery.
Engeye Bakery claimed that the wrongfully attached property amounted to Shs400m and argued that Byatukoreire’s execution was high-handed and arbitrary, resulting in the loss of their property. The court found that Byatukoreire failed to respond to the facts and evidence raised against him, leading to a presumption that the facts were accepted.
While bailiffs generally enjoy immunity from legal proceedings during execution, Justice Ssekaana emphasized that if the execution is unlawful, the bailiff cannot claim immunity. He ordered the arrest of Byatukoreire and recommended prosecution for theft or conversion.
