Enforcement of civil judgements – responsible law enforcement authorities, procedural obstacles and current issues in Uganda

This paper gives an over view of the Execution process in Uganda. Execution is provided by law as a means to realise the fruits of judgment. The Civil Procedure Act and Rules made therein provide a seemingly well structured manner of executing any matters but this is marred by the legal gymnastics that fall in play hence causing unnecessary delays.There are various actors in the process of execution of which may not be ignored by parties to an execution. The court which passes the decree or the court to which a decree is sent for execution plays a critical mandate in helping a successful litigant. The Advocates play the role of choosing the mode of execution, the attachable property and giving a helping hand to the bailiff in the process. The Bailiff whom the law demands should be one registered for that purpose is the foot soldier that carries out the actual execution. The Bailiff is assisted by the Police, Local Council authorities and the prisons authorities who hold the judgment debtor in custody. The principle judge of late has advised that courts should stop sending the judgment debtors to prisons in order to decongest them but again this destroys the very purpose of arrest and detention which is to scare the judgment debtor into paying the said sums of money demanded by warrant.