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The Hon Minister of Internal Affairs v Kagwa Andrew & 5 Others (HCT-00-CV-MA-0660 OF 2002) (HCT-00-CV-MA-0660 of 2002)

High Court · [2002] UGHC 26 · 2002 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside a prior ruling of the High Court under Order 48 of the Civil Procedure Rules and Section 101 of the Civil Procedure Act
Decision
Application dismissed for procedural non-compliance

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that a notice of motion is a pleading which must comply with Order VI Rule 1(a) of the Civil Procedure Rules requiring it to be accompanied by a summary of evidence, list of witnesses, list of documents, and list of authorities. The applicant failed to comply and provided no explanation for non-compliance. The court further held that the application was brought under the wrong law, Section 101 of the Civil Procedure Act, when the correct provision was Order 9 Rule 24 of the Civil Procedure Rules. A party cannot rely on Section 101 when a specific rule provides for the situation. The application was dismissed with costs.

Outcome

Application dismissed for procedural non-compliance

Facts

The Minister of Internal Affairs applied to set aside a ruling made by the High Court on 14 October 2002 in Miscellaneous Application No. 0105 of 2002. The application was brought under Order 48 of the Civil Procedure Rules and Section 101 of the Civil Procedure Act. The respondents opposed and raised two preliminary objections: first, that the notice of motion was not accompanied by the mandatory documents required under Order VI Rule 1(a) of the Civil Procedure Rules as amended in 1998; second, that the application was brought under the wrong law since Section 101 applies only when no specific rule exists, whereas Order 9 Rule 24 applied. The applicant's counsel did not respond to these preliminary objections and chose instead to address the merits.

Issues

  1. Whether a notice of motion must be accompanied by a summary of evidence, list of witnesses, list of documents and list of authorities as required by Order VI Rule 1(a) of the Civil Procedure Rules.
  2. Whether failure to comply with Order VI Rule 1(a) is fatal to an application.
  3. Whether the application was brought under the wrong law by invoking Section 101 of the Civil Procedure Act when a specific rule (Order 9 Rule 24) applied.

Orders

  • Application dismissed with costs.

Rules and key headnotes

Civil Procedure — Pleadings — Notice of Motion as Pleading — Mandatory Requirements
A notice of motion is a pleading which must be accompanied by a brief summary of evidence to be adduced, a list of witnesses, a list of documents and a list of authorities to be relied on, as required by Order VI Rule 1(a) of the Civil Procedure Rules as amended.
Civil Procedure — Non-Compliance with Rules — Exercise of Discretion
Where a party fails to comply with mandatory procedural rules, a court may exercise discretion not to reject the pleading only if the defaulting party provides an explanation or reason for non-compliance upon which discretion may be exercised.
Civil Procedure — Section 101 of the Civil Procedure Act — Application When Specific Rule Exists
A party cannot rely on Section 101 of the Civil Procedure Act to invoke the inherent jurisdiction of the court when there is a specific rule or provision under the Civil Procedure Rules that applies to the situation.

Legislation cited (6)

Cases cited (4)

  • Taparu v Roitei [1968] EA 618
  • Robert Biiso v May Tibamwenda [1991] HCB 92
  • Standard Chartered Bank v Clouds 10 Limited [1988-1990] HCB 34
  • Hasmani v The National Bank of India Ltd (1937) IV EACA 55

Full judgment

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

The Hon Minister of Internal Affairs v Kagwa Andrew & 5 Others (HCT-00-CV-MA-0660 OF 2002) (HCT-00-CV-MA-0660 of 2002) [2002] UGHC 26 (1 November 2002)
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.