Wakilii

Sekyanzi Sempijja v Prof Wavamunno (Miscellaneous Application 111 of 2020)

Court of Appeal · [2020] UGCA 2146 · 2020 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for a certificate that the intended appeal to the Supreme Court raises matters of great public or general importance
Decision
Application for a certificate of great public or general importance dismissed with costs

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Holding

The Court of Appeal held that although the applicant nominally sought 'leave' to appeal rather than a certificate under section 6(2) of the Judicature Act, this was a drafting slip which the court rectified, as both parties had addressed the merits and no prejudice arose. On the merits, the court found that the dispute turned solely on whether the applicant was a bona fide occupant under section 29(2)(a) of the Land Act, which deals with an existing interest at promulgation of the 1995 Constitution and not with prescription or inheritance of occupancy. As the matter involved a determination of fact for the applicant's personal benefit, no question of law of great public or general importance arose. The application was dismissed with costs.

Facts

The applicant filed Civil Suit No. 028 of 2007 in the Entebbe Chief Magistrate's Court for a declaration that he was a bona fide occupant of land at Nkumba, Wakiso District. The Chief Magistrate found him a bona fide occupant and ordered the respondent to compensate him; the High Court upheld this on appeal. The respondent appealed further to the Court of Appeal, which overturned the lower courts, finding the applicant was not a bona fide occupant because he had occupied the land for only 10 years before the 1995 Constitution came into force. The applicant claimed his late father, who died in 1985, had occupied the land for over 12 years and that he inherited that interest, arguing occupancy could pass by inheritance under section 29(5) of the Land Act. He applied to the Court of Appeal seeking to appeal to the Supreme Court, contending the decision raised questions of law of great public importance affecting many bona fide occupants. The respondent opposed, arguing the matter concerned only a factual dispute for the applicant's personal benefit.

Issues

  1. Whether the application was misconceived for seeking leave to appeal rather than a certificate that the intended appeal raises matters of great public or general importance.
  2. Whether the intended appeal to the Supreme Court raises a question of law of great public or general importance under section 6(2) of the Judicature Act.

Orders

  • Drafting error in the application rectified to treat it as an application for a certificate of great public or general importance.
  • Application dismissed with costs.

Key headnotes

Appeals — Certificate of Great Public or General Importance — Effect of Drafting Error in Application
Where an applicant erroneously seeks leave to appeal instead of a certificate that the intended appeal raises matters of great public or general importance under section 6(2) of the Judicature Act, but the supporting affidavit and submissions clearly raise such questions and both parties have addressed the merits, the court may rectify the drafting error as no prejudice arises.
Certificate for Third Appeal — Section 6(2) Judicature Act — Test for Great Public or General Importance
A matter is certified for a third appeal to the Supreme Court only where the intended appellant demonstrates that the issue transcends the circumstances of the particular case and has a significant bearing on the public interest; a determination of fact between parties or a matter pursued for personal benefit does not qualify.
Bona Fide Occupancy — Section 29(2)(a) Land Act — Whether Occupancy Can Be Inherited
A bona fide occupant under section 29(2)(a) of the Land Act is one who occupied and utilised land unchallenged for 12 years or more before the coming into force of the 1995 Constitution; this is an existing constitutional interest and not a matter of prescription, and occupancy per se cannot be inherited so as to add a predecessor's period of occupation to that of the claimant.

Legislation cited (7)

  • Judicature Act Cap 13 s.6(2)
  • Civil Procedure Act s.98
  • Judicature (Supreme Court) Rules Directions r.39(1)(a)
  • Land Act s.29(2)(a)
  • Land Act s.29(5)
  • Constitution of Uganda 1995 Article 237(8) and (9)
  • Constitution of Uganda 1995 Article 163(4)(b)

Cases cited (3)

  • Asumani Mugyenyi v M. Buwule (Civil Application No. 245 of 2011)
  • Hermanus Phillippus Steyn v Giovani Gnecchi-Ruscone (Application No. 4 of 2010)
  • Belinda Murai and 9 others v Amos Wainaina [1978] KALR
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.