Nabugere v Faalo (REV. CIVIL SUIT NO.2 OF 1993)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 High Court declined to reverse a 1969 magistrate's judgment on revision, finding that although the judgment was brief and somewhat irregular, it was not illegal. The court held that in the absence of any complaint or discontent lodged by the parties seeking redress, and given that 25 years had elapsed, interfering with the decision would cause great inconvenience or injustice to those who had acted upon it. The court directed that the 1969 decision be fully respected unless overturned by a competent court.

Outcome

1969 magistrate's judgment upheld and to be respected; no interference ordered

Facts

In 1969, a magistrate grade III at Kaliro court delivered judgment in a civil suit between Siira Nabugere (plaintiff) and Faalo s/o Sikura (defendant). The judgment was extremely brief, consisting of only three sentences stating the nature of the claim, the court's decision in favour of the plaintiff, and the reason that the plaintiff's case was so strong the defendant had failed to oppose it. In 1993, the matter was forwarded to the High Court by the Registrar/Inspector of Courts for directions under Order 46 rule 7, apparently following an administrative directive by the Chief Justice to inquire into the case. The nature of any complaint was not clearly known. No party had raised any issue by way of complaint, petition, or appeal. Twenty-five years had elapsed since the original judgment.

Issues

1. Whether the High Court should interfere with a 1969 magistrate's judgment that was allegedly irregular but not illegal, some 25 years after it was delivered and in the absence of any complaint by the parties.

Orders

• The decision of magistrate grade III pronounced on 10/5/69 should be fully respected by all those concerned unless there is another valid decision made to the contrary by a competent court.
• The register from Kaliro court sent to the court by the Registrar/Inspector of courts is to be returned to Kaliro court for safe custody.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Rules Order 46 rule 7
• Magistrates' Courts Act 1964
• Magistrates' Courts (Grades II & III) Civil Procedure Rules 1965 rule 28(3)
• Magistrates' Courts Act 1970

Cases cited (1)

• Morse v Royal (1806) 12 Ves 252

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