‘Amend filing proceedings for judgment execution’

KAGERA: RESIDENTS of Bukoba District Council have appealed for legal reforms to remove the requirement of filing execution proceedings during the enforcement of court judgments, claiming that such a procedure seems to waste time, energy and financial resources.

They made this appeal at the ongoing Mama Samia Legal Aid Campaign, stating that there is no need for a party to file execution proceedings since the parties involved in the case know who emerged as the winner.

According to them, the legal system is clear that if the losing party does not appeal within the given grace period, the judgment remains intact and the losing party is required to comply with it in favour of the winning party.

“Therefore, there is no need for the winner to initiate another proceeding. I propose that once the court gives judgment, it should also issue orders compelling security organs, particularly the police force, to support the implementation of the ruling.”

“I personally engaged in a dispute with someone who took my piece of land after the death of my husband and I won the case. I then filed an execution proceeding, but the loser resisted complying with the decree issued five years ago for him to vacate the premises and threatened me. That is why we see the decree as sometimes toothless,” complained Katoro Ward Resident, Ms Julieth Kasanga.

She, therefore, called on the campaign team to advocate for legal system reforms, especially to serve the vulnerable who often deny their rights due to a lack of financial resources to initiate execution procedures.

Ibwela Ward resident, Mr Martin Rwezaula, supported the motion, confirming that he has been facing financial constraints to file an execution proceeding for the enforcement of judgments since he won a land dispute about 14 years ago.

“I have no access to my land and do not know when I will have the money to manage the execution procedure. We used to have to walk over 10 kilometres in search of court services. I implore you, the campaign implementers, to intervene,” he requested.

Kalabagaine Ward resident, Mr Cornery Mayowa, made a similar request, stating that he has no access to his land despite having the decree, as his opponent has refused to vacate the premises. He is also calling for the team’s intervention, saying, “I cannot do it alone, for security purposes.”

On the other hand, the residents of Bukoba DC have commended the campaign for providing legal officers to support those who cannot afford advocates due to a lack of financial resources.