Kasokoso has been called ‘greedy’, ‘money hungry’ and a ‘muyaye’ before because of how he demands for his money.
Yesterday, he went to Baluku’s farm and took 4 Friesian cows to pay himself back for the 4 million Baluku failed to pay him back.
When asked why he did it, Kasokoso told Baluku and the LC Chairman that court would take long yet he wants to send his children to school for third term. When is Kasokoso allowed to sell Baluku’s property? Lawyers told him that he has to wait for the court's decision before he does anything, but he has refused to listen. Are his actions lawful?.
WHAT DOES THE LAW SAY?.
According to the law, you are allowed to sell the property of someone you demand money from, but this cannot be done by you personally. Instead, this can only be done by the court officials in charge of selling property known as ‘court bailiffs.
On top of that, not even a bailiff is allowed to sell that property unless there is a court order giving them authority to take and sell the property after a court case has ended. That means that for Kasokoso to sell Baluku’s cows, he had to ask the court for permission, wait for the court to give its decision and then ask the court for permission to sell some of Baluku’s cows to recover his money.
Once this order is given then the court bailiff can handle the sale of Baluku’s cows and give the money to the one demanding. If there is any balance left, the Bailiff will return it to court and the court will give it back to Baluku.
So, in short, you are not allowed to sell someone’s property to recover your money until you have fulfilled each of the court processes above.
Source: BarefootLawyers
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