Mabirizi Kiwanuka V The Kabaka of Buganda (Civil Application No. 0257 of 2017)

Observed later treatment

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 refused the applicant's adjournment, distinguishing Muhammed v Roko Construction: substituting a judge before hearing (as opposed to signing a ruling in a case not heard) gave no basis to claim a need to study the judge. On the reference, the Court sustained the respondent's preliminary point of law, holding that where the main suit had been dismissed on grounds of the applicant's lack of locus standi (an illegality), all interlocutory applications arising from it collapsed. A bill of costs filed under an unheard application bearing no costs order was incompetent, and the reference was rendered moot. The reference was dismissed with costs.

Outcome

Reference dismissed with costs; adjournment refused and preliminary point of law upheld

Facts

The applicant filed a bill of costs arising from Civil Application No. 257 of 2017, which sought a declaration that no appeal was pending between the parties and that the respondent's notice of appeal in the High Court be struck out. Before that application was heard, the respondent withdrew its notice of appeal in the High Court Civil Division. The applicant then filed a bill of costs, contending he was entitled to costs by virtue of the withdrawal. When the bill came before the Deputy Registrar for taxation, the respondent raised a preliminary objection that the bill was incompetent because Civil Application No. 257 of 2017 had never been heard and bore no order for costs. The Deputy Registrar sustained the objection and dismissed the bill. Meanwhile, the main cause (Miscellaneous Cause No. 162 of 2016) from which the application arose had been dismissed by the High Court, following the Court of Appeal decision in Civil Appeal No. 184 of 2017 that the applicant lacked locus standi. The applicant sought a reference against the taxation ruling.

Issues

1. Whether the applicant was entitled to an adjournment to study a newly substituted member of the panel on the basis of the right to a fair hearing.
2. Whether a bill of costs filed under an unheard civil application, from which the main suit had collapsed, was competently before the taxing officer.
3. Whether the reference was rendered moot by the dismissal of the main suit from which it arose.

Orders

• Application for adjournment declined.
• Respondent's preliminary point of law sustained.
• Reference dismissed with costs.

Rules and key headnotes

Legislation cited (9)

• Constitution of Uganda Article 28(1)
• Constitution of Uganda Article 44(c)
• Constitution of Uganda Article 50
• Judicature (Court of Appeal Rules) Directions SI 13-10/2005 rule 110(5)
• Judicature (Court of Appeal Rules) Directions SI 13-10/2005 rule 2(2)
• Judicature (Court of Appeal Rules) Directions SI 13-10/2005 rule 94(4)
• Civil Procedure Act s.2(x)
• Civil Procedure Rules Order 1 rule 8
• Advocates Act

Cases cited (6)

• Muhammed v Roko Construction (Civil Appeal No. 1 of 2013)
• Shell V Muwema
• The Kabaka of Buganda v Male H. Mabirizi Kiwanuka (Civil Appeal No. 184 of 2017)
• Karabharati Advertising V Hemant Narichania & 6 Others, Supreme Court of India Civil Appeal Nos. Arising out of SLP (C) Nos. 250423 - 25045 of 2010
• Grindlays Bank Limited V Income Tax Officer (Supreme Court of India)
• Makula International v Cardinal Emmanuel Nsubuga [1982] HCB 13

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ssemakula v Gulu University (Miscellaneous Cause 1 of 2024)
• Kanyankole & Another v Equity Bank (U) Limited & 2 Others (Civil Suit 341 of 2018; Civil Suit 950 of 2017)

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