Wakilii

Sesam energetics Ltd v Electricity Regulatory authority (Civil Suit No. Originating Summons 3 of 2014)

High Court · [2014] UGCOMMC 214 · 2014 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by originating summons seeking interpretation of statutory instruments; defendant's preliminary objection to competency of procedure
Decision
Originating summons struck out for improper procedure

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An originating summons under Order 37 Rule 6 of the Civil Procedure Rules is not the proper procedure for seeking interpretation of statutory instruments. The words 'written instrument' in the rule, construed ejusdem generis with 'deed' and 'will', refer to private documents such as wills, deeds and powers of attorney, not statutory instruments made under Acts of Parliament. Application struck out.

Outcome

Originating summons struck out for improper procedure

Facts

The plaintiff sought interpretation of The Electricity (License Fees) Regulations 2003 and The Electricity (License Fees) (Amendment of Schedule) Instrument 2011 to determine their legality. The plaintiff brought the matter by way of originating summons under Order 37 Rule 6 of the Civil Procedure Rules. The defendant raised a preliminary objection that the suit was incompetent because originating summons is not the proper procedure. The court noted that several bodies had disassociated themselves from the plaintiff's action, showing lack of cohesion and consultation.

Issues

  1. Whether the dispute is properly brought to court by way of an originating summons.
  2. Whether statutory instruments fall within the meaning of 'written instrument' under Order 37 Rule 6 of the Civil Procedure Rules.
  3. Whether the plaintiff has standing to invoke Order 37 Rule 6 for interpretation of statutory instruments.

Orders

  • Originating summons struck out.
  • No order as to costs.

Rules and key headnotes

Originating Summons — Proper Use — Order 37 Rule 6 Civil Procedure Rules
Order 37 Rule 6 of the Civil Procedure Rules provides for originating summons to determine questions of construction arising under a deed, will or other written instrument, and lists limited instances when originating summons may be utilised including matters to do with determination of issues of trust, administration of estates, sale and purchase of land, mortgage, and dissolution of partnerships.
Ejusdem Generis — Interpretation of 'Written Instrument'
The term 'written instrument' in Order 37 Rule 6 of the Civil Procedure Rules, when interpreted ejusdem generis with 'deed' and 'will', must be restrictively applied to private documents of a similar class such as wills, deeds and powers of attorney, and does not include statutory instruments made under Acts of Parliament.
Originating Summons — Standing — Interest Under Written Instrument
To invoke Order 37 Rule 6 of the Civil Procedure Rules, there must be a tangible interest under an instrument such as a power of attorney, and there must be a kind of right or interest conferred by the document or written instrument giving standing to the applicant.
Statutory Instruments — Judicial Review — Proper Procedure
Challenges to the legality or interpretation of statutory instruments cannot be brought by originating summons under Order 37 Rule 6 of the Civil Procedure Rules and must be brought under ordinary civil procedure to ensure proper handling and consideration of public interest.

Legislation cited (5)

Cases cited (2)

  • Bhari v Khan [1965] EA 95
  • Pearl Impex Uganda Ltd v Attorney General and Kampala City Council (High Court Civil Suit No. 3 of 2011)

Full judgment

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

Sesam energetics Ltd v Electricity Regulatory authority (Civil Suit No. Originating Summons 3 of 2014) [2014] UGCommC 214 (7 July 2014)
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.