Wakilii

The Management Committee of Kimasa Primary School & 6 Others v Sekamate (Miscellaneous Application 38 of 2023)

High Court · [2024] UGHC 645 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out grounds of appeal arising from Civil Appeal No. 72 of 2021
Decision
Application to strike out grounds of appeal dismissed; respondent permitted to clarify grounds in submissions

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that while some grounds of appeal were not well formulated and lacked specificity as required by Order 43 Rule 1(2) of the Civil Procedure Rules, the defects were not fatal. In the interest of dispensing substantive justice under Article 126(2)(e) of the Constitution, the court declined to strike out the contested grounds, allowing the respondent an opportunity to clarify them in submissions. The application was dismissed with costs in the cause.

Outcome

Application to strike out grounds of appeal dismissed; respondent permitted to clarify grounds in submissions

Facts

The applicants brought an application under Order 4 Rules 28, 29 and 30 and Order 52 Rules 1 & 3 of the Civil Procedure Rules seeking to strike out grounds 1, 2, 3, 6 and 7 of the Memorandum of Appeal in Civil Appeal No. 72 of 2021. The applicants contended that these grounds offended Order 43 Rule 1 of the Civil Procedure Rules as they were not properly formulated. The respondent opposed the application, arguing that the grounds were raised in strict compliance with the law and that the application was an abuse of process intended to delay the suit. The respondent failed to file written submissions as directed by the court.

Issues

  1. Whether grounds 1, 2, 3, 6 and 7 of the Memorandum of Appeal offend Order 43 Rule 1(2) of the Civil Procedure Rules and should be struck out.
  2. Whether defective grounds of appeal should be excused in the interest of dispensing substantive justice under Article 126(2)(e) of the Constitution.

Orders

  • Application dismissed.
  • Costs shall be in the cause.
  • Respondent granted opportunity to submit on the grounds of appeal and expound on them.
  • Respondent's counsel must refrain from arguing grounds not raised in the memorandum of appeal.

Rules and key headnotes

Civil Procedure — Appeals — Memorandum of Appeal — Requirements for Proper Drafting of Grounds
Grounds of appeal must be set forth concisely and under distinct heads, setting out the grounds of objection to the decree appealed from without any argument or narrative, in compliance with Order 43 Rule 1(2) of the Civil Procedure Rules. The grounds ought to be clear and self-explanatory, brief and persuasive without narrative and argument, and must specify in what way and what specific aspect of the decision the trial court erred.
Civil Procedure — Appeals — Defective Grounds — Treatment by Courts
Where grounds of appeal are found to be defective but not fatally so, courts may excuse badly drafted grounds in the interest of dispensing substantive justice under Article 126(2)(e) of the Constitution, provided no injustice is caused to either party. The party may be granted an opportunity to clarify the grounds in submissions.
Civil Procedure — Rules of Procedure — Purpose and Compliance
Rules of procedure are designed to give effect to the rights of parties. While compliance with procedural rules is required, non-compliance with directory rules that causes no injustice to the parties will not vitiate proceedings. However, Article 126(2)(e) of the Constitution was not enacted to encourage sloppy drafting of pleadings amongst advocates or litigants.

Legislation cited (5)

Cases cited (9)

  • Saverio Malimbo v Asanasi Mukwayo and Another (Civil Appeal No. 8 of 1968)
  • M/S Tatu Naiga & Co Emporium v Verjee Brothers Ltd (Civil Appeal No. 8 of 2000)
  • Ismail Serugo v Kampala City Council and AG (Constitutional Appeal No. 2 of 1998)
  • Ndawula Ronald v Hiraa Traders (U) Limited (Civil Appeal No. 259 of 2021)
  • Katumba Byaruhanga v Edward Kyewalabye Musoke (Civil Appeal No. 2 of 1998)
  • Sietco v Noble Builders (U) Ltd (Civil Appeal No. 31 of 1995)
  • Lagedo and Others v Obwoya (Civil Appeal No. 82 of 2019)
  • Mamji Vs Arusha General Store (1970) EA 137
  • Tororo Cement Co Ltd v Frokina International Ltd (Civil Appeal No. 2 of 2001)

Full judgment

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

The Management Committee of Kimasa Primary School & 6 Others v Sekamate (Miscellaneous Application 38 of 2023) [2024] UGHC 645 (3 July 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.