Wakilii

The Government Of The United Kingdom v Kagoro (Miscellaneous Application 223 of 2019)

High Court · [2023] UGHCCD 151 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against an interlocutory ruling on sovereign immunity and for stay of proceedings pending appeal
Decision
Leave to appeal granted and proceedings stayed pending appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to appeal against an interlocutory ruling that found the court had jurisdiction over a foreign sovereign state in a dispute arising from property damage. The court held that the question of whether the installation of a drainage grille constituted a commercial transaction sufficient to override sovereign immunity merited serious judicial consideration by the Court of Appeal. Proceedings in the underlying civil suit were stayed pending the appeal.

Outcome

Leave to appeal granted and proceedings stayed pending appeal

Facts

The Respondent filed Civil Suit No. 695 of 2016 against the Applicant (Government of the United Kingdom) claiming that in 2016, the Applicant's workers fixed a steel grille in a storm drain on its property which blocked the Respondent's drainage system, causing storm waters to rise and wash away the Respondent's property. The Respondent sought damages for expenses incurred in repairing his wall. The Applicant raised a preliminary objection in MA No. 1015 of 2016 arguing that the court lacked jurisdiction on grounds of sovereign immunity. The trial judge (Justice Lydia Mugambe) overruled the objection on 26 March 2019, finding that the suit involved a commercial transaction to which restrictive immunity does not apply. The Applicant then filed this application seeking leave to appeal that ruling and a stay of proceedings.

Issues

  1. Whether the Applicant meets the conditions for grant of leave to appeal.
  2. Whether there is need to stay execution.

Orders

  • Leave to appeal granted to the Applicant to appeal against the ruling and orders of Hon. Justice Lydia Mugambe in MA No. 1015 of 2016.
  • Proceedings in High Court Civil Suit No. 695 of 2016 stayed pending the outcome of the appeal.
  • Costs of this application to abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Grant of Leave
Leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration. The court applies a prima facie test and does not need to fully evaluate the merits of the grounds of appeal.
Civil Procedure — Leave to Appeal — Demonstrating Grounds for Judicial Consideration
In order to determine whether there are grounds which merit judicial consideration on appeal, the applicant must demonstrate grounds of objection showing where the court erred on the question or issues raised by way of an objection.
Administrative Law — Sovereign Immunity — Restrictive Theory — Commercial Transactions
Pursuant to the restrictive principle of sovereign immunity, where a sovereign state descends into the marketplace and carries out, conducts or indulges in commercial transactions, a suit can legally be brought against such a state in domestic courts of another state in relation to such commercial transactions. Whether the installation of a drainage grille by a foreign diplomatic mission constitutes a commercial transaction sufficient to override sovereign immunity is a question meriting appellate consideration.
Constitutional Law — Diplomatic Immunity — Exceptions to Civil Immunity
Under Article 31(1) of the Diplomatic Privileges Act Cap 201, a diplomatic agent enjoys immunity from civil and administrative jurisdiction except in cases relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

Legislation cited (8)

Cases cited (8)

  • Sango Bay Estates Limited & Others v Dresdner Bank A.G [1971] EA 17
  • Hajji Numani Mubi Akulamusa v Friends Estate Limited & Another (Court of Appeal Civil Application No. 241 of 2011)
  • Ayebazibwe Raymond v Barclays Bank Uganda Limited & 3 Others (Miscellaneous Application No. 292 of 2014)
  • Kengazi v Meti (U) Ltd (Miscellaneous Application No. 471 of 2015)
  • Uganda South Sudan Grain Traders & Suppliers Association Ltd v Government of the Republic of South Sudan (Miscellaneous Cause No. 17 of 2012)
  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Civil Application No. 16 of 1996)
  • Thai Europe Tapioca Service Ltd v Government of Pakistan Ministry of Food and Agriculture Supplies Imports and Shipping Wing [1975] 3 All ER 961
  • Ministry of Defence of the Government of United Kingdom v Ndegwa (Court of Appeal No. 31 of 1982)

Full judgment

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

The Government Of The United Kingdom v Kagoro (Miscellaneous Application 223 of 2019) [2023] UGHCCD 151 (1 June 2023)
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.