Wakilii

Nambogo Robinah and Another v International Islamic Charitable Organisation (Miscellaneous Appeal 11 of 2022)

High Court · [2022] UGHCLD 322 · 2022 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the Deputy Registrar's ruling in a miscellaneous application for temporary injunction, arising from a civil suit concerning land possession
Decision
Appeal dismissed; Deputy Registrar's order upheld; appellants ordered to pay costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the appeal as filed out of time, more than two months after the Deputy Registrar's order instead of within the seven days prescribed by Section 79(1)(b) of the Civil Procedure Act. The court upheld the Deputy Registrar's variation of the temporary injunction order made by consent of both counsel. The court found no error in the Deputy Registrar's reliance on photographic evidence where the appellants had not contested the photographs or requested a locus visit, and no procedural irregularity in varying the order for clarification purposes under Sections 99 and 100 of the Civil Procedure Act.

Outcome

Appeal dismissed; Deputy Registrar's order upheld; appellants ordered to pay costs

Facts

The appellants filed Miscellaneous Appeal No. 11 of 2022 challenging the Deputy Registrar's ruling in HCMA No. 1684 of 2021, which arose from Civil Suit No. 838 of 2021 concerning land possession. The Deputy Registrar delivered her ruling on 8 December 2021 granting a temporary injunction. On 14 February 2022, by consent of both counsel, the Deputy Registrar varied the order for clarification. On 1 March 2022, a further order was extracted clarifying that the respondent remained in possession of the suit land carrying out farming activities. The appellants filed their appeal on 10 May 2022, more than two months after the 1 March 2022 order. The underlying civil suit had been filed on 22 September 2021, with the defendant's written statement of defence filed on 8 October 2021, but summons for directions were not taken out until 11 February 2022, well beyond the 28-day period prescribed by Order 11A of the Civil Procedure Rules.

Issues

  1. Whether the appeal was filed within the prescribed seven-day period under Section 79(1)(b) of the Civil Procedure Act.
  2. Whether the Deputy Registrar erred in concluding that the respondent was in possession of the suit land based on photographs without visiting locus in quo.
  3. Whether the Deputy Registrar acted properly in varying a sealed court order by consent of counsel without a formal application.
  4. Whether the main civil suit had abated for failure to take out summons for directions within 28 days.

Orders

  • Appeal dismissed for being filed outside time.
  • The order of the Deputy Registrar dated 1st March 2022 in HCMA No. 1684 of 2021 is upheld.
  • Appellants to pay costs to the respondent for failure to take out summons for directions within 28 days from the last reply.
  • Appellants to pay the costs of the appeal.

Rules and key headnotes

Civil Procedure — Appeals — Time Limits — Appeal from Registrar's Order
An appeal from an order of a registrar must be filed within seven days of the date of the order under Section 79(1)(b) of the Civil Procedure Act. An appeal filed more than two months after the registrar's order without seeking leave to appeal out of time is incompetent and must be dismissed.
Land & Property — Temporary Injunctions — Locus in Quo — Mandatory Nature
Visiting locus in quo is not mandatory in land matters. The purpose of a locus visit is to clarify evidence already given in court, and whether to conduct one depends on the circumstances of each case. Where photographic evidence of land possession is adduced and not contested by the opposing party during the hearing, the court may rely on such evidence without conducting a locus visit.
Civil Procedure — Variation of Orders — Court's Power — Consent Orders
Under Sections 99 and 100 of the Civil Procedure Act, a court may correct clerical or mathematical mistakes in orders or amend any defect or error in proceedings at any time, either of its own motion or on application. Where both counsel consent to a variation for purposes of clarification, the court may vary an order without requiring a formal application by Notice of Motion.
Civil Procedure — Temporary Injunctions — Status Quo — Meaning and Application
The status quo to be maintained by a temporary injunction is the actual state of affairs on the suit premises prior to the filing of the suit. Where a party was in occupation and conducting farming activities before the suit was filed, an order maintaining the status quo permits that party to continue such occupation and activities pending the hearing of the main suit.
Civil Procedure — Res Judicata — Preliminary Objections — Prior Determination
Under Section 7 of the Civil Procedure Act, no court shall try any issue which was directly and substantially in issue in a former suit between the same parties and was heard and finally decided by a competent court. A preliminary objection that was raised and determined in earlier proceedings between the same parties is res judicata and cannot be raised again.
Civil Procedure — Summons for Directions — Time Limits — Abatement of Suit
Under Order 11A rules 2 and 6 of the Civil Procedure Rules, a suit abates automatically upon failure of the plaintiff to take out summons for directions within 28 days from the date of the last reply or rejoinder. However, where there are triable issues, the court may in the interest of justice under Section 33 of the Judicature Act allow the suit to proceed, while condemning the plaintiff to costs for the procedural breach.

Legislation cited (13)

Cases cited (4)

  • Mugoya Construction and Engineering Ltd v Central Electricals International Ltd (HCMA No. 699 of 2011)
  • Boutique Shazim Ltd v Norattan Bhatia and Another (Civil Appeal No. 36 of 2007)
  • Kwebiiha Emmanuel and Another v Rwangi Furujensio (Court of Appeal No. 21 of 2011)
  • Viola Ajok and Another v Andrew Ojok and Another (Miscellaneous Application No. 179 of 2007)

Full judgment

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

Nambogo_Robinah_and_Another_v_International_Islamic_Charitable_Organisation_(Miscellaneous_Appeal_11_of_2022)_[2022]_UGHCLD_322_(14_May_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.