Luhinda Junior v Umutesi Faith (Miscellaneous Cause 26 of 2022) [2025] UGHCFD 51 (20 June 2025)
Full Case Text
## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (FAMILY DIVISION) **MISCELLANEOUS CAUSE NO. 0026 OF 2022** (ARISING OUT OF MISCELLANEOUS APPLICATION NO. 0033 OF **2021 OF FCC-KASANGATI)** (ARISING OUT OF FCC NO. 040 OF 2020 OF FCC-KASANGATI)
LUHINDA JUNIOR :::::::::::::::::::::::::::::::::::: **VERSUS** UMUTESI FAITH ::::::::::::::::::::::::::::::::::::
## BEFORE HON. JUSTICE JOHN EUDES KEITIRIMA
## **RULING**
1]. This is an application brought by way of Notice of Motion under Section 33 of the Judicature Act Cap 13 (as it applied then) and Order 52 Rules 1 & 3 of the CPR.
2]. The applicant is seeking for orders that; -
The consent settlement dated 10<sup>th</sup> June 2021 executed by the $(i)$ parties and endorsed by Court on 10<sup>th</sup> June 2021 in FCC No.
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040 of 2020 and the order issued on 8<sup>th</sup> September 2021 in M. A No. 33 of 2021, all of the Family and Children's Court of Kasangati, be resealed and executed as orders of this Court.
In the alternative the consent settlement dated 10<sup>th</sup> June 2021 $(ii)$ executed by the parties and endorsed by Court on 10<sup>th</sup> June in FCC No. 040 of 2020 and the order issued on 8<sup>th</sup> September in M. A No. 33 of 2021 all of the Family and Children's Court of Kasangati be transferred for execution to this Court and executed as orders of this Court.
The application was supported by the affidavit of the applicant.
3]. Section 30 of the Civil Procedure Act Cap 282 provides that "A decree may be executed either by the Court which passed the decree or by the Court to which the decree is sent for execution."
4]. Section 31(2) of the Civil Procedure Act Cap 282 provides that "The Court which passed a decree may of its own motion send it for execution to any Court inferior but competent jurisdiction".
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5]. A lower Court cannot therefore send its decree/order for execution to a higher Court. It is only a higher Court that can send its decree/order for execution in a lower Court.
6]. An application that seeks a higher Court as it is in this application to reseal or execute orders of a lower Court is therefore not tenable in law.
The application will therefore be dismissed and the lower Court should be able to execute its decision.
Hon. Justice John Eudes Keitirima.
20/06/2025