Wakilii

Kaggwa v Balikuddembe (Criminal Application No.896 96)

High Court · [1997] UGHCCRD 1 · 1997 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of execution of sentence pending determination of appeal from Law Council Disciplinary Committee order
Decision
Application dismissed with costs; applicant remains suspended until the original suspension period expires or the appeal is determined in his favour

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for stay of execution of a Law Council Disciplinary Committee suspension order. The court held that under the Advocates Act 1970 s.21(3), a suspension order takes effect immediately and no court other than an appellate bench of three High Court judges may interfere with it pending appeal determination. The application was misconceived as the statutory scheme does not permit interlocutory interference with lawful Disciplinary Committee orders.

Outcome

Application dismissed with costs; applicant remains suspended until the original suspension period expires or the appeal is determined in his favour

Facts

The applicant, an advocate, was found guilty of conduct unbecoming of an advocate by the Law Council Disciplinary Committee on 11 July 1997 and sentenced on 18 July 1997 to six months' suspension from practice effective immediately. He was also ordered to pay costs of the disciplinary proceedings. On 13 October 1997 the applicant filed Criminal Appeal No. 104 of 1997 against the decision and sentence. On 8 October 1997 he applied for stay of execution of the suspension order pending determination of the appeal. By the date of the application hearing, the applicant had already served approximately two months and twenty-one days of the six-month suspension.

Issues

  1. Whether the application for stay of execution of sentence is properly before the court.
  2. Whether the applicant is entitled to a stay of execution of the Disciplinary Committee's suspension order pending appeal.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Administrative Law — Professional Discipline — Advocates — Stay of Execution of Disciplinary Suspension Pending Appeal
Under the Advocates Act 1970 s.21(3), once the Disciplinary Committee of the Law Council has made a lawful order suspending an advocate from practice, the sentence commences forthwith and no court other than an appellate court of competent jurisdiction (a bench of three High Court judges) may interfere with that order or sentence pending the determination of the appeal.
Administrative Law — Professional Discipline — Advocates — Effect of Suspension Order
Section 13(2) of the Advocates Act 1970 provides that once an advocate's right to practice has been suspended pursuant to an order of the Disciplinary Committee, the period of suspension is deemed to start running forthwith and the advocate must immediately return his practising certificate to the Chief Registrar, who retains it for the duration of the suspension.
Administrative Law — Professional Discipline — Legislative Intent — Express Powers
Where the Legislature intended to empower a court to stay the period of suspension of an advocate pending determination of an appeal, it would have expressly provided so in the Advocates Act 1970; the absence of such provision indicates that interlocutory interference with lawful Disciplinary Committee orders is not permitted.

Legislation cited (9)

Full judgment

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

Kaggwa v Balikuddembe (Criminal Application No.896_96) [1997] UGHCCRD 1 (22 October 1997)
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.