Wakilii

Kyagaba v The Registered Trustees of Kampala Archiodiocese (Miscellaneous Application 2593 of 2023)

High Court · [2024] UGHCLD 262 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for stay of proceedings arising from two consolidated civil suits, pending determination of a human rights application in the Civil Division
Decision
Application for stay of proceedings dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for stay of proceedings. It held that the Human Rights (Enforcement) Act 2019 does not apply retrospectively to civil suits filed before its commencement on 15 November 2019. Section 8(1) of that Act therefore could not ground a stay of Civil Suits No. 133 of 2014 and No. 229 of 2018. Further, Section 6 of the Civil Procedure Act was inapplicable because the parties in the human rights application were not the same as those in the consolidated land suits.

Outcome

Application for stay of proceedings dismissed with costs to the respondent

Facts

The applicant was a party to two consolidated civil suits (No. 133 of 2014 and No. 229 of 2018) pending in the High Court Land Division concerning a kibanja interest on land in Wakiso District. He was also charged with criminal trespass and malicious damage in four criminal cases before the Chief Magistrate's Court at Entebbe. The applicant filed Miscellaneous Cause No. 128 of 2023 in the High Court Civil Division seeking discontinuance of the criminal proceedings on human rights grounds, alleging violations by agents of State House and third parties. He then applied to stay the land suits pending determination of the human rights application, arguing that the same land was in issue across all proceedings and that Section 8(1) of the Human Rights (Enforcement) Act 2019 mandated an immediate stay. The respondent opposed, submitting that it was not party to the criminal cases or the human rights application, that the alleged violators were not parties to the land suits, and that the subject matter differed.

Issues

  1. Whether a stay of proceedings should be granted pending determination of a human rights application in another division.
  2. Whether the Human Rights (Enforcement) Act 2019 s.8(1) applies retrospectively to proceedings instituted before its commencement.
  3. Whether Section 6 of the Civil Procedure Act permits a stay where the parties and matters in issue are not identical across the pending proceedings.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Statutory Interpretation — Retrospective Application — Human Rights (Enforcement) Act 2019
A statute does not have retrospective application unless expressly provided for, and the Human Rights (Enforcement) Act 2019, which commenced on 15 November 2019, does not apply to civil proceedings instituted before that date.
Human Rights — Stay of Proceedings — Section 8(1) Human Rights (Enforcement) Act 2019
Section 8(1) of the Human Rights (Enforcement) Act 2019 requires a presiding judge to immediately stay proceedings and determine a question where a violation of fundamental rights or freedoms arises during proceedings in the High Court, but this provision does not apply retrospectively to matters pending before the Act's commencement.
Civil Procedure — Stay of Proceedings — Section 6 Civil Procedure Act
Section 6 of the Civil Procedure Act permits a stay only where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties claiming under the same title, and does not apply where the parties and causes of action differ materially.

Legislation cited (7)

Cases cited (6)

  • Kitutu Mary Gorretti Kimono v Attorney General (Miscellaneous Application No. 76 of 2023)
  • Paul Wanyoto v SGT Oumo & Attorney General (Miscellaneous Application No. 2 of 2021)
  • Mayanja & 7 Others v Wantante & 5 Others (Civil Suit No. 497 of 2018)
  • Wambewo v Mazelele (HCMA No. 128 of 2013)
  • Lukwago & 13 Others v Electoral Commission & 2 Others (Miscellaneous Cause No. 431 of 2019)
  • Noah Owora v James Magode Ikuya & Others (HCCS No. 30 of 2022)

Full judgment

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

Kyagaba_v_The_Registered_Trustees_of_Kampala_Archiodiocese_(Miscellaneous_Application_2593_of_2023)_[2024]_UGHCLD_262_(7_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.