Kibuuka and Another v Dr. Kaggwa (Civil Appeal 46 of 1997)

Court of Appeal · [1998] UGCA 43 · 1998 Preliminary Objection Overruled ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Civil appeal from High Court judgment; ruling on a preliminary objection to the competence of the appeal

Decision

Preliminary objection overruled; appeal held competent to proceed

The full judgment

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Holding

On a preliminary objection that the appeal was incompetent because the record of appeal omitted the extracted decree, the Court of Appeal held that under the Court of Appeal Rules 1996 (in force from 28 October 1996) extraction of a formal decree is no longer a legal requirement for an appeal. An appeal lies against the judgment or reasoned order, not the extracted decree. A decree forms part of the record only where its date or terms are disputed, or its terms form a ground of appeal, none of which applied. Consistent with Article 126(2)(e) of the Constitution, courts administer substantive justice without undue regard to technicalities. The preliminary objection was rejected with costs to the appellants.

Facts

Dr. Apollo Kaggwa sued Kibuuka Musoke and S. Muwemba in the High Court claiming general and special damages for the appellants' failure to repair or restore his water pipes at Mawanga, Buziga. He alleged the appellants disconnected his water pipes while constructing sewerage septic water tanks in the backyard of their compound where his pipes passed. The claim covered expenses incurred repairing the pipes and obtaining an alternative water source until repairs were completed. After trial, judgment was entered for the respondent, awarding Shs. 4.5 million general damages, Shs. 1.5 million special damages, and costs. The appellants appealed. At the hearing, respondent's counsel raised a preliminary objection that the appeal was incompetent because the record of appeal did not contain the decree extracted from the judgment. The ruling concerned only that preliminary objection, not the merits of the underlying damages claim.

Issues

Whether an appeal is incompetent where the record of appeal does not contain a formal decree extracted from the judgment appealed against, under the Court of Appeal Rules 1996.

Orders

The preliminary objection has no merit and is overruled and rejected.
Costs of the preliminary objection awarded to the appellants.

Key headnotes

Civil Procedure — Record of Appeal — Whether extracted decree is a mandatory document under Court of Appeal Rules 1996

Under the Court of Appeal Rules 1996, extraction of a formal decree embodying the decision complained of is no longer a legal requirement for an appeal; an appeal by its nature lies against the judgment or reasoned order and not against the decree extracted from it.

Civil Procedure — Record of Appeal — Circumstances in which a decree must form part of the record under Rule 86(10)

A decree forms part of the record of appeal only where the date of the decree is disputed, where its terms are disputed as being at variance with the judgment, or where the terms of the decree form a ground of appeal, unless the court otherwise directs.

Statutory Interpretation — Constitution Article 126(2)(e) — Substantive justice without undue regard to technicalities

A procedural requirement that operates as a mere technicality preventing litigants from having their cases heard on the merits cannot co-exist with Article 126(2)(e) of the 1995 Constitution, which enjoins courts to administer substantive justice without undue regard to technicalities.

Legislation cited (8)

Court of Appeal Rules 1996 r.82(1)
Court of Appeal Rules 1996 r.86
Court of Appeal Rules 1996 r.86(1)
Court of Appeal Rules 1996 r.86(3)
Court of Appeal Rules 1996 r.86(10)
Court of Appeal for East Africa Rules 1972 r.85(1)(h)
Civil Procedure Ordinance (Cap 6)
Constitution of Uganda 1995 art.126(2)(e)

Cases cited (1)

General of Uganda and Anor (1959) E.A. 329

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