Wakilii

Iganga Town Council Now Iganga Municipal Council v Muwereza (Civil Appeal No. 8 of 2018)

High Court · [2021] UGHC 7 · 2021 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court ruling striking out written statement of defence
Decision
Written statement of defence reinstated and matter remitted to Chief Magistrate's Court for continuation of hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed the appeal in part, holding that the issue of the advocate's mandate to represent the appellant was res judicata, having been decided in an earlier interlocutory application between the same parties. The trial Magistrate erred in entertaining the preliminary objection a second time and in striking out the written statement of defence without evidence that the advocate lacked Attorney General approval. Section 14A(1)(b) of the Advocates Act protects pleadings from invalidation where an advocate is denied audience. The defence was reinstated and the matter remitted for hearing.

Outcome

Written statement of defence reinstated and matter remitted to Chief Magistrate's Court for continuation of hearing

Facts

The respondent and two others sued the appellant Municipal Council for breach of contract relating to civil works bids. At the commencement of hearing, the respondent's counsel raised a preliminary objection challenging the locus standi of Okalang Law Chambers, the appellant's advocates, arguing they had not been procured through the statutory process required under Local Government procurement regulations and lacked written approval from the Attorney General. The appellant argued the objection was res judicata, having been raised and decided in an earlier successful Miscellaneous Application No. 5/2013 to set aside an exparte judgment in the same suit. The trial Magistrate agreed with the respondent, found the firm lacked Attorney General approval, and struck out the written statement of defence with costs.

Issues

  1. Whether the trial Magistrate erred in entertaining a point of law which was res judicata.
  2. Whether the trial Magistrate erred in finding that the appellant's lawyers did not have approval from the Attorney General without evidence.
  3. Whether the trial Magistrate misrepresented Regulation 27 by adding words not in the regulation.
  4. Whether the trial Magistrate erred in striking out the written statement of defence without regard to the Advocates Act.
  5. Whether the trial Magistrate exhibited bias against the appellant's advocates.

Orders

  • Appeal allowed in part.
  • Decision of the Chief Magistrate striking out the written statement of defence in Civil Suit No. 174/2010 reversed.
  • Written statement of defence reinstated on the record.
  • File returned to the Chief Magistrate's Court of Iganga for hearing to continue.
  • Each party to bear their own costs of the appeal.

Rules and key headnotes

Civil Procedure — Res Judicata — Same Issue Between Same Parties in Earlier Suit
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties and has been heard and finally decided by a competent court. Where an issue of an advocate's competency to represent a party was raised, considered, and decided in an interlocutory application in the same action, a magistrate of similar rank has no power to revisit that decision; only the High Court can do so on appeal.
Civil Procedure — Burden of Proof — Allegations Without Evidence
He who asserts a fact must prove it. Where a party objects that opposing counsel lacks requisite approval to represent their client, that party bears the burden of adducing evidence to support the allegation. A trial court errs in making a finding that approval does not exist when no evidence was presented to that effect.
Administrative Law — Local Government Procurement — Attorney General Approval
Regulation 27 of the Local Government Public Procurement and Disposal of Public Assets Regulation directs local governments to procure legal services in consultation with the Attorney General. Read with Regulation 86(2), a contract document or communication conveying acceptance of a tender shall not be issued prior to approval by relevant agencies including the Attorney General. Government business is carried out using formal written communication, and approval from the Attorney General would ordinarily be expected in writing.
Civil Procedure — Advocates Act — Protection of Pleadings
Section 14A(1)(b) of the Advocates Act provides that where an advocate is denied audience or authority to represent a party by any court, no pleading or other document made or action taken by the advocate on behalf of a client shall be invalidated by such event, and the client's case shall not be dismissed by reason of such event. A trial court errs in striking out a written statement of defence on the ground that the advocate lacked authority to represent the party.
Civil Procedure — Illegality — Effect on Pleadings
Notwithstanding the protection afforded by Section 14A(1)(b) of the Advocates Act, there is contrary legislation empowering a court to invalidate pleadings filed in error, such as pleadings filed out of time or in contravention of certain laws. Pleadings that amount to an illegality cannot be saved by Section 14A(1)(b), as it is settled that an illegality brought to the attention of any court unravels all pleadings, claims, and entire proceedings.

Legislation cited (6)

Cases cited (4)

  • Panyda Vrs R
  • Selle & Anor v Associated Motor Boat Company Ltd & Anor (1968) EA 126
  • Isiko Moses v Iganga Municipal Council (Miscellaneous Cause No. 2 of 2015)
  • Makula International v His Eminence Cardinal Nsubuga Wamala (1982) HCB 11

Full judgment

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

Iganga Town Council Now Iganga Municipal Council v Muwereza (Civil Appeal No. 8 of 2018) [2021] UGHC 7 (25 January 2021)
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.