Rwot Luwum Bishop v Board of Governors, Kitgum Core Primary Teachers' College, Kitgum District Land Board, Komakech William (Civil Suit 15 of 2020) [2
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Holding
Court allowed continuation of mediation proceedings until 24 October 2023, directing the appointed mediator Bishop Kitara Wilson to report on status or outcome by that date. Court recognised parties' willingness to exhaust mediation while emphasising that the process cannot be endless or non-responsive to the referring court.
Outcome
Matter adjourned for continuation of mediation with deadline for mediator's report
Facts
Plaintiffs and defendants were engaged in court-ordered mediation over land ownership and trespass disputes. Mediation was directed by Hon. Justice Alex Mackay Ajiji on 28 June 2022, with Bishop Kitara Wilson appointed as mediator. Mediation commenced at Kitgum Core Primary Teachers' College and proceeded at Ministry of Education and Sports level with Attorney General's Chambers participating as co-counsel for 1st defendant. Counsel for plaintiffs and defendants were not involved in mediation proceedings and were unaware of outcome. All parties expressed willingness to continue mediation process.
Issues
- Whether the court-ordered mediation proceedings should be allowed to continue.
- What timeframe should be set for completion of the mediation process.
Orders
- Mediation proceedings shall continue until 24 October 2023.
- Appointed Mediator Bishop Kitara Wilson shall report on status or outcome of mediation process on 24 October 2023 at 09:00 am.
- Each party shall bear its own costs.
Legislation cited (2)
- Judicature (Mediation) Rules SI 10/2013
- Civil Procedure (Amendment) Rules SI No. 33/2019
Cases cited (4)
- Odong Jackson v Odongkara Joe (Civil Appeal No. 110 of 2018)
- Carlton Douglas Kasirve v Sheena Ahumuza Bageine (Miscellaneous Application No. 150 of 2020)
- Okello Okidi Simmons v Acacia Finance Ltd (Miscellaneous Application No. 448 of 2016)
- Betuco (U) Ltd & Anor v Barclays Bank Uganda Ltd & 3 Others (Miscellaneous Application No. 243 of 2009)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.