Wakilii

Dynasity Africa Ltd v Moses Mugabi & Ors (High Court Miscellaneous Application No. 409 of 2007)

High Court · [2007] UGCOMMC 99 · 2007 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against an interlocutory ruling rejecting disqualification of counsel
Decision
Leave to appeal granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted leave to appeal against a ruling that rejected an application to disqualify counsel. The applicant raised a serious point requiring appellate guidance: whether counsel representing a party in an application supported by an affidavit based substantially on information supplied by that counsel becomes a potential witness.

Outcome

Leave to appeal granted

Facts

Miscellaneous Application No. 409 of 2007 was called for hearing. Mr. Muhwezi, one of the respondents and an advocate, applied to disqualify Mr. Charles Dalton Oponya, counsel for the applicant, from conducting the case. The application was based on the ground that Oponya was a potential witness because the supporting affidavit sworn by Nasser Sekandi was based in part on information supplied by Oponya. On 12 November 2007, the court rejected and dismissed the disqualification application with costs. Muhwezi immediately applied orally for leave to appeal the ruling.

Issues

  1. Whether leave to appeal should be granted against an interlocutory ruling rejecting an application to disqualify counsel.

Orders

  • Application allowed.
  • Leave granted to Mr. Muhwezi to appeal against the ruling delivered on 12th November 2007.
  • Costs of this application shall bind to the costs in the intended appeal.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Interlocutory Rulings — Test for Granting Leave
Leave to appeal an interlocutory ruling will be granted where the applicant has raised arguable grounds of appeal, there are serious matters which merit consideration on appeal, and the applicant is not guilty of dilatory conduct.
Evidence — Professional Conduct — Counsel as Potential Witness — Affidavit Based on Counsel's Information
Where an application is supported by an affidavit based substantially on information supplied by counsel for the applicant, the question whether that counsel becomes a potential witness and should be disqualified raises a serious point appropriate for appellate guidance.

Cases cited (2)

  • Commissioner General Uganda Revenue Authority v Meera Investments Ltd (High Court Miscellaneous Application No. 359 of 2006)
  • Sango Bay Estates Ltd v Dresdmer Bank (1971) EA 17

Full judgment

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

Dynasity Africa Ltd v Moses Mugabi & Ors (High Court Miscellaneous Application No. 409 of 2007) [2007] UGCommC 99 (6 December 2007)
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.