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Okwera v Okello (Miscellaneous Application 39 of 2023)

High Court · [2024] UGHC 863 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a Deputy Registrar's ruling granting stay of execution of a High Court judgment pending appeal
Decision
Application for review dismissed as procedurally misconceived

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a Deputy Registrar lacks jurisdiction to stay execution of a High Court Judge's judgment pending appeal to the Court of Appeal. Such a decision is a nullity and goes beyond a mere error apparent on the record. The proper remedy is appeal, not review under Order 46 of the Civil Procedure Rules. The application for review was dismissed as misconceived and procedurally untenable.

Outcome

Application for review dismissed as procedurally misconceived

Facts

The applicant obtained judgment in his favour in Civil Suit No. 9 of 2017 at the Chief Magistrate's Court, Pader. The respondent's appeal to the High Court was dismissed on 10 March 2022 by Justice Alex Mackay Ajiji. The respondent filed a notice of appeal to the Court of Appeal on 22 March 2022. Meanwhile, the applicant applied for execution, with costs taxed at UGX 9,040,000. The respondent then filed Miscellaneous Application No. 112 of 2022 before the Deputy Registrar seeking a stay of execution of the High Court judgment pending appeal. The Deputy Registrar granted the stay on 14 July 2022, ordering the respondent to deposit UGX 5,000,000 as security. The applicant then filed this application seeking review of the Deputy Registrar's ruling on grounds that the Deputy Registrar lacked jurisdiction to stay a High Court Judge's judgment.

Issues

  1. Whether the Deputy Registrar granted the order of stay of execution of the judgment and decree in Civil Appeal No. 96 of 2019 without jurisdiction.
  2. Whether sufficient cause has been provided for review of the decision of the Deputy Registrar on the basis of an error apparent on the face of the record.

Orders

  • Miscellaneous Application No. 39 of 2023 is hereby dismissed.
  • Each party shall meet its own costs of the application.

Rules and key headnotes

Civil Procedure — Jurisdiction of Registrars — Powers to Stay Execution of High Court Judgments
A Deputy Registrar sitting as a Civil Court has no jurisdiction to stay execution of a High Court Judge's judgment pending appeal to the Court of Appeal. The powers conferred on Registrars under Order 50 of the Civil Procedure Rules are specific and limited to preliminary matters and do not extend to intervention between the final decree of a High Court Judge and the Court of Appeal.
Civil Procedure — Jurisdiction — Effect of Decisions Made Without Jurisdiction
A judgment or order made by a court without jurisdiction is a complete nullity in law. Lack of jurisdiction goes far beyond any error, omission or irregularity and cannot be regarded as a mere technicality. There is in law nothing to be reversed or altered and the decision is incurably bad.
Civil Procedure — Review — Distinction Between Review and Appeal — Decisions Without Jurisdiction
A decision reached without jurisdiction is not merely an error apparent on the face of the record amenable to review under Order 46 of the Civil Procedure Rules. Rather, it goes to the very root of the exercise of the court's powers and the proper remedy is appeal, not review. The power of a court in review is specific and circumscribed, not inherent.
Civil Procedure — Registrars — Duty to Refer Matters Beyond Jurisdiction
Where a Deputy Registrar realizes he is not vested with jurisdiction to determine a matter, the proper procedure is to refer the application to the Judge who presided over the underlying matter in accordance with Order 50 Rule 7 of the Civil Procedure Rules.

Legislation cited (9)

Cases cited (10)

  • Desai v Warsama [1967] EA 351
  • Gabula v Wakidaka (High Court Civil Appeal No. 29 of 2006)
  • Florence Dawaru v Angumale Albino and Another (Miscellaneous Application No. 96 of 2016)
  • Kaggwa John v Apire John (Miscellaneous Application No. 1 of 2023)
  • Gashumba v Nkudiye (Supreme Court Civil Application No. 24 of 2015)
  • Attorney General v James Mark Kamoga (Supreme Court Civil Appeal No. 8 of 2004)
  • FX Mubuuke v UEB (Miscellaneous Application No. 9 of 2005)
  • Nyamogo & Nyamogo Advocates v Kago [2001] 2 EA 173
  • Mohamed Kalisa v Gladys Nyangire Karumu and 3 Others (Civil Reference No. 139 of 2013)
  • Macfoy v United Africa Co. Ltd [1961] 3 All ER 1169

Full judgment

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

Okwera v Okello (Miscellaneous Application 39 of 2023) [2024] UGHC 863 (20 September 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.