Wakilii

The Aids Support Organisation (TASO) Limited v Wataka (Miscellaneous Application 116 of 2023)

High Court · [2024] UGHC 34 · 2024 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out Civil Suit No. 10 of 2023 for want of jurisdiction, brought under Order 6 rule 28 & 29, Order 52 rule 1 & 3 of the Civil Procedure Rules and Section 98 of the Civil Procedure Act
Decision
Preliminary objections dismissed; main suit to proceed in the High Court

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Holding

The High Court has unlimited original jurisdiction in all civil matters unless expressly ousted by the Constitution. The HIV and AIDS Prevention and Control Act 2015 does not expressly or impliedly oust the High Court's jurisdiction to hear negligence claims arising from HIV testing. The Act criminalizes offences under its provisions but does not confer exclusive jurisdiction on magistrates' courts for civil tort claims. Where general damages sought exceed magistrates' courts' pecuniary jurisdiction, the High Court has jurisdiction. A non-commissioned affidavit may be cured by filing a supplementary affidavit under Article 126(2)(e) of the Constitution and Advocates Act s.14A, preserving substantive justice over technicalities.

Outcome

Preliminary objections dismissed; main suit to proceed in the High Court

Facts

The respondent filed Civil Suit No. 10 of 2023 against the applicant claiming negligence and general damages of UGX 150,000,000. The respondent alleged that in 2016 he approached the applicant's facility in Jinja for an HIV test which produced incorrect HIV positive results, causing him to be subjected to antiretroviral drugs for seven years until 2022 when he discovered he was HIV negative. The applicant brought this application seeking to strike out the suit for want of jurisdiction, arguing that the HIV and AIDS Prevention and Control Act 2015 vests jurisdiction in Chief Magistrates' or Magistrate Grade I Courts. The applicant also challenged the competence of the respondent's affidavit in reply on grounds that it had not been commissioned by a Commissioner for Oaths. The respondent filed a supplementary affidavit to cure the defect.

Issues

  1. Whether the High Court is the proper forum to entertain a dispute or claim arising from HIV and AIDS testing, counselling and care.
  2. Whether the respondent's affidavit in reply is competent.

Orders

  • Preliminary objection as to jurisdiction overruled.
  • Preliminary objection as to competence of affidavit in reply overruled.
  • Costs to abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Jurisdiction — High Court Original Unlimited Jurisdiction — Constitutional Entrenchment
The High Court's unlimited original jurisdiction under Article 139(1) of the Constitution and Section 14(1) of the Judicature Act cannot be ousted, repealed, altered or reversed by a mere statute or Act of Parliament unless the Constitution itself expressly provides otherwise.
Administrative Law — Sectoral Legislation — HIV and AIDS Prevention and Control Act 2015 — Scope and Application
The HIV and AIDS Prevention and Control Act 2015 criminalizes illegal acts committed under its provisions but does not expressly or impliedly bar the High Court from entertaining civil negligence claims arising from HIV testing, counselling or care. The Act's definition of 'court' as Chief Magistrate or Magistrate Grade I Court does not confer exclusive jurisdiction on those courts for civil tort claims.
Civil Procedure — Jurisdiction — Determination from Cause of Action, Subject Matter Value and Remedies Sought
The jurisdiction of a court should be determined not only from the cause of action or value of the subject matter where it applies, but also from the remedies being sought from the court.
Civil Procedure — Jurisdiction — Pecuniary Jurisdiction — Valuation of Claims
Where a plaintiff claims general damages worth UGX 150,000,000, this amount clearly exceeds the pecuniary jurisdiction of Chief Magistrates' Courts or Magistrate Grade I Courts, and the High Court has unlimited jurisdiction to hear such a matter.
Evidence — Affidavits — Defective Commissioning — Cure Under Advocates Act s.14A and Constitution Article 126(2)(e)
Where an affidavit in support of an application has not been duly commissioned by a Commissioner for Oaths with a valid practicing certificate, an innocent litigant is entitled under Advocates Act s.14A(1)(b)(ii) to rectify the error by filing fresh or supplementary affidavits. Courts should allow such rectification in the interests of substantive justice under Article 126(2)(e) of the Constitution without undue regard to technicalities.
Evidence — Affidavits — Substance Over Form — Corrections and Amendments
The 'substance over form' rule in affidavits recognizes the importance of the content and credibility of statements over minor technical errors. Rather than focusing solely on formalities, the court gives priority to the credibility of the deponent and the reliability of the evidence presented. Corrections may be allowed if the errors are not substantive.

Legislation cited (16)

Cases cited (11)

  • Koboko District Local Government v Okujjo Swali (High Court Miscellaneous Application No. 001 of 2016)
  • Gabula Benefansion v Wakidalu Meraso (Civil Appeal No. 29 of 2006)
  • Uganda Revenue Authority v Rabbo Enterprises (U) Ltd & Anor (Supreme Court Civil Appeal No. 12 of 2004)
  • Opendi Patrick & 16 Others v Kiconco Medard (High Court Civil Revision No. 33 of 2018)
  • Bankone Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020)
  • Amtorg Trading Corporation v. United States, 71 F. 2d 524
  • Namutebi Matilda v Ssemanda Simon and 2 Others (Miscellaneous Application No. 430 of 2021)
  • Col. Besigye (Rtd) Dr. Kiiza v Museveni Yoweri Kaguta and Electoral Commission (Supreme Court Election Petition No. 1 of 2001)
  • Italian Ashalthaulage Ltd & 2 Ors v Assit (U) Ltd (Court of Appeal No. 90 of 2000)
  • Male Wilson v Kayondo Fred & Anor (Court of Appeal Election Petition Appeal No. 47 of 2021)
  • Ochwa David v Ogwari Polycarp & EC (Election Petition Appeal No. 16 of 2021)

Full judgment

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

The Aids Support Organisation (TASO) Limited v Wataka (Miscellaneous Application 116 of 2023) [2024] UGHC 34 (31 January 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.