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Nampeera Norah and Others v SBI International Holdings AG (U) Ltd (Miscellaneous Appeal No. 75 of 2022)

High Court · [2025] UGHC 782 · 2025 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Deputy Registrar's ruling dismissing Miscellaneous Application No. 383 of 2019 for want of jurisdiction
Decision
Matter remitted to Deputy Registrar with direction to place Miscellaneous Application No. 383 of 2019 before a judge for hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the Deputy Registrar erred in dismissing Miscellaneous Application No. 383 of 2019 for want of jurisdiction. Where a Registrar finds they lack jurisdiction to entertain a matter, they must refer it back to a judge under Order 50 rule 7 of the Civil Procedure Rules rather than dismissing it. The application sought substantive reliefs including special and exemplary damages which could only be granted by a trial judge. The Registrar should have referred the matter back to the judge for determination.

Outcome

Matter remitted to Deputy Registrar with direction to place Miscellaneous Application No. 383 of 2019 before a judge for hearing

Facts

The appellants filed Miscellaneous Application No. 383 of 2019 seeking payment of UGX 1,512,156,249 for rebuilding houses, exemplary damages of UGX 200,000,000 for contempt, and a permanent injunction, all arising from a consent judgment dated 29 June 2016 in Civil Suit No. 940 of 2015. The consent judgment provided that the respondent would pay UGX 200,000,000 in full and final settlement and would rehabilitate the appellants' houses after blasting within 18 months from 1 July 2016. On 14 April 2021, the Deputy Registrar allocated the application to the trial judge who returned it on the ground that execution of court orders is for Registrars. On 9 February 2022, the Deputy Registrar dismissed the application on the ground that she lacked jurisdiction to handle it and that it should be handled by a judge. The appellants appealed this dismissal.

Issues

  1. Whether the learned Deputy Registrar erred in law when she dismissed High Court Miscellaneous Application No. 383 of 2019 for want of jurisdiction.
  2. Whether the learned Deputy Registrar erred in law when she failed to refer the file in Miscellaneous Application No. 383 of 2019 to a Judge of the High Court.

Orders

  • Appeal allowed.
  • The decision of the learned Deputy Registrar dismissing High Court Miscellaneous Application No. 383 of 2019 is hereby set aside.
  • The Deputy Registrar of this court is hereby directed to place High Court Miscellaneous Application No. 383 of 2019 before a judge of this court for hearing.
  • Each party shall bear their own costs of this appeal since none of the parties was at fault.

Rules and key headnotes

Civil Procedure — Jurisdiction of Registrars — Limits of Enhanced Powers — Substantive Claims
A Registrar has primary auxiliary jurisdiction to deal only with matters expressly prescribed by Order 50 of the Civil Procedure Rules and powers ancillary or incidental thereto. Registrars can only grant auxiliary reliefs of a more routine and formal nature pending determination of substantive reliefs by a judge. Applications seeking substantive reliefs such as special damages and exemplary damages fall outside the Registrar's jurisdiction and must be determined by a judge.
Civil Procedure — Jurisdiction of Registrars — Duty to Refer — Order 50 Rule 7
Where a Registrar finds that a matter is not proper for their determination or that they lack jurisdiction to entertain it, they must refer the matter back to a judge under Order 50 rule 7 of the Civil Procedure Rules. It is erroneous and prejudicial for a Registrar to dismiss an application on the ground that it should be handled by a judge rather than referring it to the judge for determination.
Civil Procedure — Jurisdiction — Nature and Consequences
Jurisdiction is the authority which a court of law has to hear and decide a case and is a creature of statute. Once a court finds it has no jurisdiction to decide a case, it cannot take any further step in the case. A decision of a court without jurisdiction is a nullity.
Civil Procedure — Appellate Jurisdiction — Duty of First Appellate Court
The first appellate court has a duty to review the evidence, reconsider the materials before the trial court, and make up its own mind, not disregarding the judgment appealed from but carefully weighing and considering it. The court must appreciate the evidence, subject it to exhaustive scrutiny, and re-evaluate it to reach its own conclusion.

Legislation cited (8)

Cases cited (7)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Oscar Andreas Cardenas Espinosa v Nakimuli Mariam Cardenas (CMA No. 112 of 2017)
  • Mohammed Allibhai v W.E Bukenya and Another (Supreme Court Civil Appeal No. 56 of 1996)
  • Attorney General v James Mark Kamoga (Supreme Court Civil Appeal No. 8 of 2004)
  • Pulkeria Nakaggwa v Dominiko Kiggundu [1978] HCB 310
  • Desai v Warsama [1967] 1 EA 351
  • Florence Dawaru v Agumale Albino and Another (HCCA No. 0096 of 2016)

Full judgment

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

Nampeera Norah and Others v SBI International Holdings AG (U) Ltd (Miscellaneous Appeal No. 75 of 2022) [2025] UGHC 782 (27 August 2025)
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.