Wakilii

Kirumira v Kagaba & 16 Others (Civil Revision 5 of 2023)

High Court · [2024] UGHCCD 197 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Revision application seeking supervisory review of Chief Magistrate's ruling dismissing human rights violations suit on preliminary objection
Decision
Application dismissed for incompetency and for failing to meet the statutory grounds for revision

Observed later treatment

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Holding

A revision application was dismissed on two grounds: first, the supporting affidavit was struck out for being prolix, argumentative, and non-compliant with Civil Procedure Rules Order 19 rule 3, rendering the application incompetent; second, the Magistrate acted within jurisdiction when dismissing the human rights violations suit on a preliminary objection, and revision under Section 83 of the Civil Procedure Act does not lie to correct erroneous decisions on questions of fact or law where no jurisdictional error, illegality, or material irregularity occurred.

Outcome

Application dismissed for incompetency and for failing to meet the statutory grounds for revision

Facts

The applicant sought revision of a Chief Magistrate's ruling that dismissed his human rights violations suit on a preliminary objection. The underlying suit arose from Land Civil Suit No. 090 of 2019 and related criminal cases at Wakiso, alleging confiscation of properties, human rights violations, and illegalities in criminal proceedings. The applicant filed an affidavit in support containing 191 paragraphs over 52 pages. The 6th, 7th, and 10th respondents raised preliminary objections that the affidavit was argumentative, prolix, and based on matters of law. The respondents contended that the affidavit was incurably defective and the application should be struck out. The applicant, who represented himself, argued that the preliminary objections did not apply to human rights violations matters of this magnitude.

Issues

  1. Whether the applicant's affidavit in support was competent or defective for being argumentative and prolix
  2. Whether the learned Magistrate exercised a jurisdiction not vested in him or acted illegally or with material irregularity

Orders

  • The applicant's affidavit in support is struck out for being prolix and argumentative.
  • The application is struck out for incompetency following the striking out of the affidavit.
  • The application does not satisfy the grounds for revision under Section 83 of the Civil Procedure Act.
  • The application is dismissed with costs to the respondents.

Rules and key headnotes

Civil Procedure — Affidavits — Form and Content — Prohibition Against Argumentative and Prolix Depositions
An affidavit that is prolix, argumentative, and contains matters of law rather than facts contravenes Order 19 rule 3 of the Civil Procedure Rules and must be struck out, with the consequence that no competent application remains before the court.
Civil Procedure — Affidavits — Standard of Drafting — Conformity to Oral Evidence
A deponent of an affidavit must make depositions that conform as near as possible to oral evidence admissible in court, deal with facts, and avoid objections, prayers, or legal arguments and conclusions.
Administrative Law — Judicial Review — Revision — Scope and Limits Under Civil Procedure Act s.83
The High Court's power of revision under Section 83 of the Civil Procedure Act is exercisable only where a subordinate court has exercised a jurisdiction not vested in law, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity or injustice. Revision does not lie to correct an erroneous decision on a question of fact or law where the subordinate court acted within its jurisdiction.
Administrative Law — Judicial Review — Revision — Distinction from Appeal
Revision is intended to correct illegalities and irregularities and non-exercise or irregular exercise of jurisdiction, not to interfere with or alter the merits of a lower court's judgment. A party dissatisfied with a decision on the merits should pursue an appeal, not revision.

Legislation cited (2)

Cases cited (8)

  • Life Insurance Corporation of India v Panesar [1967] EA 614
  • Pattni v Ali [2005] KLR 269
  • Re: Bukeni Gyabi Fred (High Court Misc. Application No. 63 of 1999)
  • Nakiridde Namwandu v Hotel International Ltd [1987] HCB 85
  • Male H Mabirizi K Kiwanuka v Attorney General (Supreme Court Misc. Application No. 7 of 2018)
  • Rohini Sidipra v Freny Sidipra & Others (High Court Civil Suit No. 591 of 1990)
  • Wadri Mathias & Others v Dranilla Angella (Civil Revision No. 7 of 2019)
  • Hitila v Uganda [1969] 1 EA 219

Full judgment

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Kirumira v Kagaba & 16 Others (Civil Revision 5 of 2023) [2024] UGHCCD 197 (20 November 2024)
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.