Muhumuza v Twikirize and Another (Constitutional Petition No. 31 of 2013)

Constitutional Court · [2020] UGCC 14 · 2020 Petition Struck Out ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Constitutional petition under Article 137(3) seeking declarations that a High Court judge's refusal to hear an application to set aside a consent judgment was inconsistent with the Constitution

Decision

Petition struck out with costs for lack of jurisdiction; the underlying High Court Miscellaneous Application No. 94 of 2013 also struck out with costs by majority.

The full judgment

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Holding

The Constitutional Court unanimously struck out the petition for want of jurisdiction. The petitioner complained that a High Court judge had refused to hear her application to set aside a consent judgment and directed the parties to resolve the matter themselves. The Court held that, to invoke Article 137(1), a petition must show on its face that interpretation of a provision of the Constitution is required; merely alleging that an act contravenes the Constitution is insufficient. A judge's refusal to hear an application raised no question of constitutional interpretation and was a matter for the High Court — the application could be placed before another judge. Any alleged violation of rights was enforceable under Article 50, not Article 137.

Facts

The late Eric John Beiheho died testate in 2011, having executed a will in 2003. His widow (first respondent) applied for probate, and the petitioner — his daughter by his first, deceased wife — lodged a caveat asserting that no will existed. The first respondent sued to vacate the caveat (HCCS No. 96 of 2011). Before Justice Lugayizi, the parties and their counsel reached a settlement: by a consent judgment entered on 2 July 2012, letters of administration with the will annexed were granted jointly to the widow and the petitioner. Almost a year later, the petitioner filed Miscellaneous Application No. 94 of 2013 seeking to vary the consent judgment by deleting the words 'with the will annexed', alleging her counsel had advised her the annexation was a mere formality. When the application came up, Justice Lugayizi declined to entertain it, stating he should not handle it and that the parties should resolve their problem. The petitioner then brought this constitutional petition rather than placing the application before another judge.

Issues

Whether the petition disclosed a question as to the interpretation of the Constitution under Article 137(1) so as to vest the Constitutional Court with jurisdiction.
Whether the petition disclosed a cause of action against the first respondent.
Whether the trial judge's refusal to hear the petitioner's application to set aside a consent judgment violated her right to be heard under the Constitution.

Orders

The petition fails and is struck out with costs (unanimous).
By majority decision, High Court Miscellaneous Application No. 94 of 2013 is struck out with costs.

Key headnotes

Constitutional Law — Jurisdiction of the Constitutional Court — Article 137(1) — Requirement that a question of interpretation arise

For the Constitutional Court to have jurisdiction under Article 137(1), the petition must show on its face that interpretation of a provision of the Constitution is required; it is not enough merely to allege that an act or omission is inconsistent with or contravenes the Constitution.

Constitutional Law — Interpretation distinguished from enforcement — Article 137 and Article 50

The Constitutional Court's jurisdiction is confined to interpretation of the Constitution under Article 137; alleged violations of fundamental rights are enforceable by a competent court under Article 50 and do not, without a question of interpretation, found jurisdiction.

Constitutional Law — Cause of action distinguished from jurisdiction

The question of jurisdiction is distinct from that of cause of action; a petition may disclose a cause of action under Article 137(3) yet the court may still lack jurisdiction where no question as to interpretation of the Constitution arises.

Human Rights — Right to be heard — Limitations — Abuse of court process and right to a different judge

The right to be heard is not absolute and may be limited where proceedings are an abuse of the court's process; a litigant cannot compel a particular judge to hear a matter, and where a judge declines to hear an application the litigant may have it placed before another judge of the High Court.

Succession & Estates — Consent judgment — Grounds for setting aside

A consent judgment may be set aside only on a ground that would vitiate a contract; a party's dissatisfaction with the distribution of an estate under a will is not such a ground.

Succession & Estates — Wills — Testator's intention and rights of adult offspring

A valid will must be given effect so far as possible under section 74 of the Succession Act; a testator may distribute property as desired subject to reasonable provision for a spouse, minors and dependants, and adult offspring have no right to the estate except as provided in the will.

Legislation cited (20)

Constitution of Uganda 1995 art.20
Constitution of Uganda 1995 art.28(1)
Constitution of Uganda 1995 art.43(2)(c)
Constitution of Uganda 1995 art.44(c)
Constitution of Uganda 1995 art.50
Constitution of Uganda 1995 art.126
Constitution of Uganda 1995 art.128(1)
Constitution of Uganda 1995 art.137(1)
Constitution of Uganda 1995 art.137(3)
Constitution of Uganda 1995 art.137(4)
Constitution of Uganda 1995 art.138(2)
Constitution of Uganda 1995 art.139
Civil Procedure Act s.98
Civil Procedure Act s.99
Civil Procedure Rules O.6 r.29
Civil Procedure Rules O.6 r.30
Civil Procedure Rules O.7 r.11
Judicature Act s.39(1)
Judicature Act s.39(2)
Succession Act Cap.162 s.74

Cases cited (4)

Ismail Serugo v Kampala City Council and Another (Constitutional Appeal No. 2 of 1998)
Attorney General v Major General Tinyefuza (Constitutional Appeal No. 1 of 1997)
Behangana Domaro and Another v Attorney General (Constitutional Petition No. 53 of 2010)
Asiimwe Gilbert v Barclays Bank Uganda Ltd and Others (Constitutional Petition No. 22 of 2010, consolidated with No. 1 of 2010)

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.