Wakilii

Alaka v Jjako Akawuwo Kigozi & Anor (Misc Application 611 of 2012)

High Court · [2013] UGHCCD 5 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim orders to stay execution of disciplinary committee suspension order pending determination of substantive application and appeal
Decision
Interim stay of execution granted; applicant may continue legal practice pending determination of substantive application and appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that under section 18 of the Advocates Amendment Act 2002, appeals are instituted by filing a notice of appeal, distinguishable from Civil Procedure Rules which require a memorandum. An appeal is validly pending once notice is filed. The word 'shall' in section 20 is mandatory, requiring publication in the gazette and a newspaper; execution is incomplete until all requirements are met. Interim stay granted to prevent irreversible loss to the applicant pending determination of the appeal.

Outcome

Interim stay of execution granted; applicant may continue legal practice pending determination of substantive application and appeal

Facts

The applicant, an advocate, was suspended from legal practice by the Disciplinary Committee of the Law Council in LCD No. 69 of 2011. On 18 December 2012, the applicant received notice of the committee's decision. On 19 December 2012, the Chief Registrar notified all judicial officers of the suspension. The applicant filed a notice of appeal on 18 December 2012 and brought this application seeking interim orders to stay execution of the suspension order until the substantive application and appeal are determined. The Law Council had not yet published the decision in the gazette or in a newspaper as required by section 20(a) of the Advocates Amendment Act 2002.

Issues

  1. Whether there is a valid appeal pending before the court where a notice of appeal has been filed but the memorandum of appeal has not yet been filed.
  2. Whether execution of the disciplinary committee's suspension order has been completed where the decision has not been published in the gazette or in a newspaper circulating in Uganda as required by section 20(a) of the Advocates Amendment Act 2002.
  3. Whether the applicant is entitled to interim orders staying execution of the suspension order pending determination of the substantive application and appeal.

Orders

  • Interim orders staying execution of the disciplinary committee suspension order granted.
  • Costs of the application to abide the outcome of the appeal.

Rules and key headnotes

Appeals — Commencement of Appeals — Advocates Amendment Act
Under section 18 of the Advocates Amendment Act 2002, appeals against orders of the Disciplinary Committee are instituted by filing a notice of appeal with the Registrar, distinguishable from appeals under the Civil Procedure Rules which are commenced by a memorandum of appeal.
Statutory Interpretation — Mandatory Language — Use of 'Shall'
The word 'shall' as used in statutes is mandatory and demanding, requiring that something to be done must be done. All requirements specified with 'shall' must be fulfilled for compliance to be complete.
Professional Discipline — Execution of Disciplinary Orders
Under section 20 of the Advocates Amendment Act 2002, execution of a suspension order by the Disciplinary Committee requires publication of the decision in the gazette and in a newspaper circulating in Uganda. Execution is not complete until all mandatory requirements are fulfilled; partial execution does not constitute valid execution.
Interim Relief — Stay of Execution — Irreversible Loss
A court may grant interim stay of execution where a pending appeal exists and where refusal would cause irreversible loss to the applicant. Where an advocate's suspension pending appeal would cause irreversible income loss if the appeal succeeds, but the respondent would suffer no loss if the stay is granted and the appeal fails, the court will exercise discretion in favour of granting the interim stay.

Legislation cited (15)

Cases cited (2)

  • Alcon International Ltd v Kasirye Byaruhanga & Co. Advocates (1996) HCB 61
  • Hwang Sung Industries v Tojdin Hussein & 2 Others (Civil Application No. 19 of 2008)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Alaka v Jjako Akawuwo Kigozi & Anor (Misc Application 611 of 2012) [2013] UGHCCD 5 (21 January 2013)
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.