Kalisa v Nyangire & 2 Ors (Civil Reference No 139 of 2013)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court held that Practice Direction No. 1 of 2004 enhances Registrars' powers to handle certain interlocutory matters otherwise exercisable by a single Justice under section 12(1) of the Judicature Act. Consequently, a party dissatisfied with a Registrar's decision under those enhanced powers must have the matter determined by a bench of three Justices under section 12(2), not by a single Justice, as there is no express provision creating a right of reference or appeal from a Registrar to a single Justice. The Court further held that it is not proper for a Registrar of the Court of Appeal to issue interim orders staying orders or proceedings of a High Court Judge. The reference was accordingly dismissed.

Outcome

Reference dismissed; the practice of referring Registrars' decisions under enhanced powers to a single Justice streamlined so that such references go to a bench of three Justices.

Facts

Judgment in the High Court civil suits was delivered on 13 May 2013. On 21 May 2013 the applicant applied in the Court of Appeal for an interim order staying execution, which was heard by an Assistant Registrar exercising enhanced powers under Practice Direction No. 1 of 2004. The applicant had not applied for a stay in the High Court first, and execution had not yet begun. Dissatisfied with the Registrar's handling of the interim order application, the applicant made a reference to a single Justice (Kakuru, JA) in Civil Reference No. 116 of 2013, who dismissed it on 5 August 2013 for want of jurisdiction, holding there was no right of reference from a Registrar to a single Justice. The applicant then referred the matter to a bench of three Justices, arguing that the single Justice had jurisdiction and had wrongly rejected the reference without considering its merits.

Issues

1. Whether a single Justice of the Court of Appeal has jurisdiction to entertain a reference from a decision of a Registrar exercising enhanced powers under Practice Direction No. 1 of 2004.
2. Whether the single Justice erred in rejecting the applicant's reference without considering its merits.
3. Whether a Registrar of the Court of Appeal exercising enhanced powers may issue an interim order staying execution or proceedings of a High Court Judge.

Orders

• Ground one of the reference fails.
• Ground two of the reference fails.
• The reference is dismissed.
• Each party to bear their own costs here and below.

Rules and key headnotes

Legislation cited (12)

• Judicature Act s.12(1)
• Judicature Act s.12(2)
• Judicature Act s.41(2)(v)
• Court of Appeal (Judicial Powers of Registrars) Practice Direction No. 1 of 2004
• Judicature (Court of Appeal Rules) Directions Rule 5
• Judicature (Court of Appeal Rules) Directions Rule 6(2)(b)
• Judicature (Court of Appeal Rules) Directions Rule 15(4)
• Judicature (Court of Appeal Rules) Directions Rule 55(1)(b)
• Judicature (Court of Appeal Rules) Directions Rule 110
• Civil Procedure Rules Order 50 rule 7
• Civil Procedure Rules Order 50 rule 8
• Practice Direction No. 1 of 2002

Cases cited (13)

• Bank of Uganda v Banco Arabe Espanol (Civil Appeal No. 20 of 1999)
• Motor Mart (U) Ltd v Yona Kanyomozi (Civil Appeal No. 6 of 1999)
• Gold Trust v Banax Ltd (Civil Appeal No. 32 of 1995)
• Burundi Tobacco Co. SARL and Another v British American Tobacco (U) Ltd (Civil Reference No. 22 of 2010)
• Mandela Auto Spares v Marketing Information Systems Ltd (Civil Reference No. 74 of 2008)
• Florah Ramarungu v DFCU Leasing Co Ltd (Civil Application No. 11 of 2009)
• Muwema & Mugerwa Advocates v Shell (U) Ltd and 10 Others (Civil Application No. 18 of 2011)
• Fredrick Zaabwe v Orient Bank & Others (Civil Appeal No. 4 of 2006)
• Buteera Edward v Mutalemwa Godfrey (Civil Reference No. 70 of 2013)
• Bagonza & 9 Others v Kimala & 4 Others (Civil Reference No. 63 of 2013)
• Herman Kaliisa v Gladys Nyangire & Others (Civil Reference No. 116 of 2013)
• Hwan Sung Industries v Tajdin Hussein & 2 Others (Civil Appeal No. 19 of 2008)
• Mbogo v Shah [1968] EA 93

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