KASIRYE, BYARUHANGA & CO. ADVOCATES v MUGERWA PIUS MUGALAASI (Civil Appeal No. 87 of 2008)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that the High Court proceedings in the miscellaneous application for a temporary injunction were entirely irregular and denied the appellant a fair trial contrary to the Constitution. The trial judge had dealt with extraneous matters, including the merits of the main suit, and never allowed the parties to address the court on the application before him. As the respondent's counsel conceded the irregularity, the court declared the proceedings and resulting orders invalid, allowed the appeal, and remitted the application for re-trial before another judge. An earlier interim injunction by the Deputy Registrar was preserved against parties not party to the appeal pending the re-trial.

Outcome

Appeal allowed; proceedings and orders of 15th September 2008 declared invalid and the application remitted to the High Court for re-trial before another judge

Facts

On 14 August 2008, the respondent entered into a sale agreement for land at Block 12, Nakivubo, Kampala with four vendors who were not parties to the appeal. Before payment was finalised, the vendors, acting through the appellant firm of advocates, rescinded the agreement and refused to transfer title. The respondent filed High Court Civil Suit No.224 of 2008 against the four vendors and the appellant firm seeking release of title documents and a permanent injunction. He also filed Misc. Appl. No.444 of 2008 for a temporary injunction restraining transfer of the suit property, and obtained an interim injunction from the Deputy Registrar on 27 August 2008. At the hearing of the application on 15 September 2008 before the trial judge, the entire morning was spent in a dialogue between the judge and counsel, and the judge made numerous orders touching the merits of the main suit without allowing the parties to address him on the application. The appellant challenged these orders as a denial of a fair trial.

Issues

1. Whether the trial judge erred in granting a temporary injunction without affording the parties a hearing.
2. Whether the proceedings denied the appellant a fair trial contrary to articles 28 and 44 of the Constitution.
3. Whether the orders made following an irregular procedure could be allowed to stand.

Orders

• The proceedings of the High Court and the orders made thereon on 15th September 2008 in Misc. Appl. No.444 of 2008 are declared invalid.
• Misc. Appl. No.444 of 2008 be remitted back to the High Court for re-trial before another competent judge of the High Court.
• The order of interim injunction made by the Deputy Registrar of the High Court on 27th August 2008 shall remain in force against the four respondents who were not parties to this appeal until the re-trial is completed.
• The costs of this appeal shall be in the cause.

Rules and key headnotes

Legislation cited (2)

• Constitution of Uganda article 28
• Constitution of Uganda article 44

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