Execution of decrees simply means the process of realization of what is contained or ordered in a court Judgment. A court decree may be executed;
- By delivery of any property specifically decreed;
- By attachment and sale, or by sale without attachment, of any property;
- By attachment of debts; by arrest and detention in prison of any person;
- By appointing a receiver;
- Or in such other manner as the nature of the relief granted may require.
Therefore, a successful litigant in a civil action may utilize any one of the options mentioned above.
Procedure for executing decrees.
- After Judgment has been passed, the successful litigant obtains a certified copy of the Judgment by writing a Formal Letter to the Registrar of the High Court requesting for the same.
- The litigant then drafts a decree which must comply with the contents in the Judgement.
- Once the decree has been extracted, it must be served on the opposite party for approval
- Upon approval, the decree is submitted to the Registrar of the High Court
- Upon satisfaction that the decree complies with the judgment, the Registrar of the High court then signs and seals it.This process is referred to as extraction of a decree and it only applies to proceedings before the High Court. In the magistrate courts, it is the duty of the Magistrate to extract the decree.
- Once the decree has been extracted, the successful litigant then goes ahead to apply for execution of the decree.
- Court will then go ahead to make orders as it deems fit depending on the mode of execution chosen by the litigant.
- Depending on the mode of execution chosen, court will then issue
- Warrant of attachment of the property
- Warrant of committal of a judgement debtor to jail.
Where should an application for execution of decrees be made?
For High Court cases; it should be made at the High Court Execution and Bailiffs Division in Kampala.
For Chief Magistrate cases; it should be made in the Magistrate court that passed the Judgment.