Wakilii

Asha Chad v Attorney General (Civil Suit No.693 of 1992)

High Court · [1993] UGHC 10 · 1993 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Statutory appeal from a decision of the Minister of Finance refusing repossession of expropriated property under the Expropriated Properties Act 1982 — ruling on preliminary objections regarding joinder and adjournment
Decision
Preliminary objections disposed of — appeal to proceed to hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that in a statutory appeal under s.14 of the Expropriated Properties Act 1982, only the person aggrieved by the Minister's decision may appeal. A third party claiming ownership cannot be joined as a party to the appeal even if they claim to be the registered proprietor. The court dismissed the application for joinder and refused further adjournment to the Attorney General after multiple prior accommodations.

Outcome

Preliminary objections disposed of — appeal to proceed to hearing

Facts

Asha Chad, widow and executrix of the late Karam Chand, applied for repossession of property LRV 255 folio plot 2 Impala Avenue under the Expropriated Properties Act 1982. The property had been expropriated under the Assets of Departed Asians Decree 1973 following her late husband's departure from Uganda in 1972. The Minister of Finance rejected her application on the ground that the property had already been sold by the DAPC Board and that she would receive compensation instead. Chad appealed to the High Court against the Minister's decision. Muhammed Kiwanuka, claiming to be the registered proprietor in possession since 1979, sought through counsel to be joined as a party. The Attorney General sought adjournment, stating they were investigating the ownership claim and had been unable to locate the certificate of purchase. The matter had been adjourned multiple times previously on various grounds including attempts at out-of-court settlement.

Issues

  1. Whether a third party claiming ownership of expropriated property can be joined as a party to a statutory appeal under the Expropriated Properties Act 1982 s.14.
  2. Whether further adjournment should be granted to the Attorney General after multiple previous adjournments.

Orders

  • Application by Mr. Serwanga for Muhammed Kiwanuka to be joined as a party dismissed.
  • Application for adjournment by the State Attorney refused.
  • Appeal fixed for hearing.
  • Costs of this application provided for.

Rules and key headnotes

Administrative Law — Statutory Appeals — Standing and Parties — Expropriated Properties Act
Under s.14(1) of the Expropriated Properties Act 1982, only a person who is aggrieved by a decision of the Minister may appeal to the High Court, and the parties to such statutory appeal are limited to the appellant and the Minister represented by the Attorney General.
Civil Procedure — Joinder of Parties — Statutory Appeals — Third Party Claims
A third party who was not a party to the administrative decision and is not aggrieved by the Minister's decision cannot be joined as a party to a statutory appeal under the Expropriated Properties Act 1982, even if that third party claims to be the registered proprietor of the property in dispute.
Civil Procedure — Adjournments — Discretion of Court — Abuse of Process
Where a party has been granted multiple adjournments and continues to seek further adjournments without demonstrating serious progress toward resolution, the court may exercise its discretion to refuse further adjournment in the interests of expeditious disposal of the matter.

Legislation cited (3)

Full judgment

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Asha Chad v Attorney General (Civil Suit No.693 of 1992) [1993] UGHC 10 (15 September 1993)
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.