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Hussain Grinding Mill Ltd & Anor v ASM Minerals Processors Ltd (CIVIL APPEAL No. 97 OF 2017)

High Court · [2017] UGHCCD 207 · 2017 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from ruling of Deputy Registrar on jurisdictional objection in interlocutory application
Decision
Deputy Registrar's ruling and subsequent orders set aside as nullities; matter to be determined by a Judge

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Deputy Registrar lacked jurisdiction to determine an application for temporary injunction under Order 41 of the Civil Procedure Rules. Although Order 50 r.3 grants the Registrar powers to handle interlocutory applications, Practice Direction No. 1 of 2003 excludes temporary injunctions from the Registrar's competence. The Deputy Registrar should have referred the matter to a Judge under Order 50 r.7. The orders made by the Deputy Registrar were nullities and were set aside.

Outcome

Deputy Registrar's ruling and subsequent orders set aside as nullities; matter to be determined by a Judge

Facts

ASM Minerals Processors Ltd filed Civil Suit No. 39 of 2017 against Hussain Grinding Mill Ltd and Zakir Hussain seeking attachment of a stone grinding machine. The respondent then filed Miscellaneous Application No. 276 of 2017 seeking a temporary injunction to preserve the machine in court custody as the subject matter of the suit. When the application came before Deputy Registrar Byaruhanga Jesse Rugyema at Jinja High Court, counsel for the appellants objected to the Deputy Registrar's jurisdiction, arguing that applications for temporary injunction should be heard by a Trial Judge. The Deputy Registrar overruled the objection in a ruling delivered on 5 October 2017 and subsequently ordered the machine placed under court custody on 12 October 2017. The appellants appealed the ruling.

Issues

  1. Whether the Deputy Registrar had jurisdiction to determine Miscellaneous Application No. 276 of 2017 for temporary injunction under Order 41 of the Civil Procedure Rules.
  2. Whether the Deputy Registrar should have referred the application to the Judge under Order 50 r.7 of the Civil Procedure Rules.
  3. Whether the orders made by the Deputy Registrar in MA 276 of 2017 should be set aside as nullities.

Orders

  • Appeal allowed.
  • Order of the Deputy Registrar dated 12 October 2017 placing the stone grinding machine under court custody set aside.
  • Costs awarded to the appellants.

Rules and key headnotes

Civil Procedure — Registrar's Powers — Jurisdiction to Grant Temporary Injunctions
A Deputy Registrar has no jurisdiction to determine applications for temporary injunction under Order 41 of the Civil Procedure Rules where Practice Direction No. 1 of 2003 excludes such applications from the Registrar's competence, notwithstanding the general grant of power to handle interlocutory matters under Order 50 r.3.
Administrative Law — Practice Directions — Force of Law
Practice Directions issued by the Chief Justice under Article 133(1)(b) of the Constitution have the force of law and delimit the powers of judicial officers including Registrars.
Civil Procedure — Registrar's Powers — Duty to Refer Matters to Judge
Where a matter appears to a Registrar to be proper for decision by the High Court, or where the Registrar lacks jurisdiction, the Registrar should refer the matter to a Judge under Order 50 r.7 of the Civil Procedure Rules.
Judicial Review — Nullity — Orders Made Without Jurisdiction
A decision of a court made without jurisdiction is a nullity and a person affected by it is entitled to have it set aside ex debito justitiae.

Legislation cited (7)

Cases cited (2)

  • Mohamed Kalisa v Nyangire & Ors (Court of Appeal Civil Reference No. 139 of 2013)
  • Mubiru v Edmond Kayiwa [1979] HCB 212

Full judgment

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

Hussain Grinding Mill Ltd & Anor v ASM Minerals Processors Ltd (CIVIL APPEAL No. 97 OF 2017) [2017] UGHCCD 207 (1 December 2017)
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.