Wakilii

Rukokoma Mixed Farming Co-operative Society & Another v Attorney General (Miscellaneous Application 242 of 2023)

High Court · [2024] UGHC 460 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal from an order setting aside a consent judgment
Decision
Application for leave to appeal dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for leave to appeal. The court held that leave to appeal requires grounds meriting serious judicial consideration and that the applicants failed to demonstrate such grounds. The central issue in the underlying ruling — that forest reserve land cannot be transferred without parliamentary degazettement — was admitted by all parties and raised no substantial question of law requiring appellate determination. Two preliminary objections challenging the affidavit in support were overruled.

Outcome

Application for leave to appeal dismissed

Facts

The applicants sought leave to appeal from an order in Miscellaneous Application No. 001 of 2022, which had set aside a consent judgment entered in Civil Suit No. 31 of 2016. The consent judgment was based on a memorandum of understanding whereby the 1st applicant transferred land from Ibanda Forest Reserve to Ibanda District Local Government. The underlying order setting aside the consent was made on grounds that the transfer of forest reserve land was illegal because Parliament had not degazetted it. Both parties admitted in affidavit evidence in the earlier application that Parliament had not degazetted the land. The respondent raised preliminary objections that the affidavit in support was defective because it was deponed by counsel from the firm representing the applicants and lacked written authorization from the applicants.

Issues

  1. Whether the applicants should be granted leave to appeal from the order setting aside a consent judgment
  2. Whether the affidavit in support was defective for being deponed by counsel representing the applicants
  3. Whether the affidavit in support required written authorization from the applicants

Orders

  • Application dismissed.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Granting Leave
Leave to appeal will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration, including substantial questions of law to be decided by the appellate court and an arguable case on appeal.
Civil Procedure — Affidavit Evidence — Advocate as Deponent
An advocate may depose to an affidavit in proceedings where their firm represents a party provided the advocate confines themselves to the averments and does not simultaneously act as counsel appearing in court in that matter, and provided the matters deponed to are non-contentious or formal.
Civil Procedure — Affidavit — Authority of Advocate to Depose
An advocate acting under Order 3 Rule 1 of the Civil Procedure Rules is authorized by law to depose to an affidavit on behalf of their client without requiring separate written proof of authority to be attached to the affidavit, as deponing to an affidavit is one of the acts an advocate is authorized by law to perform.

Legislation cited (7)

Cases cited (11)

  • Herbert Sekandi t/a Land Order Developers v Crane Bank Ltd (HCMA No. 44 of 2007)
  • Kenganzi Angella v METL (U) Ltd (Miscellaneous Application No. 471 of 2015)
  • Kasajja Robert v Nasser Iga & Another (HCMC No. 004 of 2014)
  • Binaisa Nakalema & 3 Others v Mucunguzi Myers (Miscellaneous Application No. 460 of 2013)
  • Sango Bay Estates Ltd & Others v Dresdner Bank AG [1971] EA 17
  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Court of Appeal Civil Appeal No. 16 of 1996)
  • Charles Sempebwa & 134 Others v Silver Springs Hotel 1996 Ltd (Court of Appeal CA No. 103 of 2003)
  • Makula International Ltd v His Eminence Cardinal Nsubuga Wamala (1982) HCB 11
  • Uganda Development Bank v Kasirye, Byaruhanga & Co. Advocates (Supreme Court Civil Appeal No. 35 of 1994)
  • Kaheru & Another v Zinorumuri (HCMA No. 82 of 2017)
  • Electro Maxx Uganda Limited v Oryx Oil Uganda Limited (High Court Miscellaneous Application No. 251 of 2020)

Full judgment

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

Rukokoma Mixed Farming Co-operative Society & Another v Attorney General (Miscellaneous Application 242 of 2023) [2024] UGHC 460 (14 June 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.