Wakilii

Mabirizi v Attorney General (Civil Application No. 40 of 2022)

Court of Appeal · [2022] UGCA 43 · 2022 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application before a single Justice of Appeal to refer a prior ruling to the full bench and for temporary release from imprisonment pending reference
Decision
Reference granted to the full bench; application for temporary release from imprisonment declined as the Justice was functus officio

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Following an earlier ruling in Civil Application No. 40 of 2022, the applicant sought to refer that decision to the full bench, arguing that sections 76 and 77 of the Civil Procedure Act allow a notice of appeal to cover interlocutory decisions. The respondent conceded the reference. The single Justice accordingly referred to the full bench the question whether the High Court decision of 15 February 2022 was a separate decision and whether the court erred in declining jurisdiction. However, having held in the main application that he lacked jurisdiction to release the applicant, the Justice found himself functus officio and declined to grant temporary release, directing the applicant to apply afresh to the full bench or for bail.

Outcome

Reference granted to the full bench; application for temporary release from imprisonment declined as the Justice was functus officio

Facts

After the single Justice of Appeal delivered a ruling in Civil Application No. 40 of 2022, the applicant, Male H. Mabirizi K. Kiwanuka, applied to refer that decision to the full bench of the Court of Appeal. He contended that sections 76 and 77 of the Civil Procedure Act allow a notice of appeal to cover any interlocutory decisions made in the cause appealed from, and that the Justice had erred in not considering this. The Assistant Commissioner representing the Attorney General conceded to the reference. The applicant also sought temporary relief from imprisonment pending the reference, invoking the inherent powers of the court under rule 2(2) of the Rules. The Justice had earlier ruled that he had no jurisdiction to release the applicant because there was no pending appeal from the High Court decision of 15 February 2022 concerning alleged additional contempts of court.

Issues

  1. Whether the single Justice's prior decision should be referred to the full bench on the question of jurisdiction over orders of the High Court of 15 February 2022.
  2. Whether the single Justice could grant temporary relief from imprisonment pending the reference under rule 2(2) of the Rules of the Court.

Orders

  • A reference is made to the full bench to consider whether the High Court decision dated 15 February 2022 is a separate decision not covered by the notice of appeal and whether the court erred in holding it had no jurisdiction.
  • The applicant shall formulate specific grounds of reference in writing within 7 days.
  • The court declines to release the applicant from imprisonment.
  • The applicant may apply afresh to the full bench or apply for bail pending appeal or application.

Rules and key headnotes

Court of Appeal — Reference of Single Justice's Decision to Full Bench
A decision of a single Justice of Appeal may be referred to the full bench of the Court of Appeal, particularly where the respondent concedes to the reference and the issue concerns the court's jurisdiction over interlocutory orders.
Functus Officio — Single Justice Cannot Reverse Own Final Decision
Once a single Justice has ruled on a matter, he is functus officio and cannot invoke the inherent powers under rule 2(2) of the Rules of the Court to reverse himself by making a positive order; the appropriate remedy is to apply afresh to the full bench.

Legislation cited (3)

Full judgment

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Mabirizi v Attorney General (Civil Application No. 40 of 2022) [2022] UGCA 43 (25 February 2022)
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.