Wakilii

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024)

High Court · [2024] UGHC 1130 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to be admitted as amicus curiae arising from pending Land Civil Suit No. 006 of 2020
Decision
Application for admission as amicus curiae rejected

Observed later treatment

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Holding

The High Court dismissed an application for admission as amicus curiae under the Judicature (Amicus Curiae) Rules 2022. The applicant, a prince of Tooro Kingdom seeking to provide expert evidence on customary law in a land dispute involving the Kingdom as defendant, was found to lack neutrality and impartiality. The Court held that the applicant was attempting to introduce new evidence favoring the defendants while claiming amicus status, and that his affidavit revealed him to be a disguised witness for the Kingdom rather than a neutral friend of the court.

Outcome

Application for admission as amicus curiae rejected

Facts

Patrick Mwesigwa Kasaga, a prince of Tooro Kingdom, applied to be admitted as amicus curiae in Land Civil Suit No. 006 of 2020. The underlying suit involved a dispute where James Mboijana (plaintiff/administrator of his mother's estate) claimed land against David Mugambwa (1st defendant) and the Omukama of Tooro Kingdom (2nd defendant). The applicant claimed expertise in Tooro Kingdom's culture, customs and heritage, and had previously served as Executive Secretary to the Omukama from 2011-2015. In his supporting affidavit, the applicant stated that the suit land belonged to the Kingdom under the 1900 Toro Agreement, that the Kingdom had properly issued a lease to the 1st defendant, that the plaintiff had no valid claim, and that he benefited from Kingdom land as a prince. The plaintiff opposed the application, arguing the applicant's expertise was irrelevant to the dispute and that the applicant lacked neutrality given his former employment and current status as a Kingdom beneficiary.

Issues

  1. Whether the applicant meets the test for admission as amicus curiae to Land Civil Suit No. 006 of 2020.
  2. What remedies are available to the parties.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Amicus Curiae — Requirements for Admission — Neutrality and Impartiality
An applicant seeking admission as amicus curiae must be neutral and impartial. Where an applicant is a beneficiary of a party to the suit and his affidavit supports that party's case while discrediting the opponent's evidence, he lacks the requisite neutrality for admission as amicus curiae.
Civil Procedure — Amicus Curiae — Prohibition on Introduction of New Evidence
An application for admission as amicus curiae must not be used to introduce new evidence on behalf of a party. Where an applicant's supporting affidavit contains factual averments that advance a party's case rather than legal submissions to assist the court, the application may be refused under Rule 7(c) of the Judicature (Amicus Curiae) Rules 2022.
Civil Procedure — Amicus Curiae — Disguised Witness
A court may refuse admission as amicus curiae where the applicant is in substance a disguised witness for one of the parties. An applicant who attempts to wear the wrong skin of amicus curiae while actually seeking to give evidence for a party does not satisfy the conditions under Rule 5 of the Judicature (Amicus Curiae) Rules 2022.

Cases cited (1)

  • In Re: Prof J. Oloka Onyango and 8 Others v Amama Mbabazi and Yoweri Kaguta Museveni (Civil Application No. 2 of 2016)

Full judgment

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

Mwesigwa Kasaga v Mboijana and others (HCT-01-CV-MA 64 of 2024) [2024] UGHC 1130 (11 December 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.