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 temporary injunction application were irregular and denied the appellant a fair hearing, contrary to articles 28 and 44 of the Constitution. The trial judge dealt with extraneous matters, including the merits of the main suit, without allowing the parties to address the court on the injunction application before it. Since the respondent's counsel conceded the irregularity, the appeal was allowed. The proceedings and orders of 15 September 2008 were declared invalid and set aside, and the application was remitted to the High Court for re-trial before another judge. Costs of the appeal were ordered to be in the cause.

Outcome

Appeal allowed; High Court proceedings and orders declared invalid and the application remitted for re-trial before another judge

Facts

On 14 August 2008 the respondent entered into a sale agreement for land comprised in Block 12 Plots 206, 207 and 209 Nakivubo, Kampala with four vendors who were not parties to the appeal. Before payment could be finalised, the vendors, through the appellant firm of advocates who had acted for them, rescinded the agreement and refused to transfer title. The respondent filed HCCS No.224 of 2008 against the vendors and the appellant firm, and Misc. Appl. No.444 of 2008 seeking a temporary injunction to restrain dealings in the property. An interim injunction was obtained from the Deputy Registrar on 27 August 2008. When the application came before the trial judge on 15 September 2008, the judge conducted proceedings that ranged over extraneous matters including the merits of the main suit, without permitting the parties to address the court on the injunction. The judge made orders restraining dealings and directing filing of documents. The appellant appealed.

Issues

1. Whether the trial judge erred in granting a temporary injunction without affording the parties a hearing.
2. Whether the proceedings before the trial judge denied the appellant a fair trial contrary to the Constitution.
3. Whether the order of injunction should be maintained despite the irregularity of the proceedings.

Orders

• The proceedings of the High Court and the orders made thereon on 15 September 2008 in Misc. Appl. No.444/2008 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 on 27 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.