Wakilii

Three Ways Shipping Services Ltd v Mtn Uganda Ltd (Miscellaneous Application No. 1336 of 2017)

High Court · [2018] UGCOMMC 55 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal a High Court ruling on a preliminary objection in Miscellaneous Application No. 103 of 2015
Decision
Application for leave to appeal dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for leave to appeal a ruling on res judicata. The applicant failed to raise arguable points of law meriting appellate consideration. The court held that where a suit is dismissed on a preliminary point without determining the merits, res judicata does not bar a subsequent suit on the same facts. The applicant's dissatisfaction with this established legal principle, without laying proper grounds disputing its application, was insufficient to warrant leave to appeal.

Outcome

Application for leave to appeal dismissed with costs to the respondent

Facts

The respondent (MTN Uganda Limited) had filed HCCS No. 503 of 2012 against the applicant (Three Ways Shipping Services Limited) for USD 3,827,820.71. On 23 May 2014, the High Court struck out that suit on the ground that the action arose from an illegality in a memorandum of understanding. The respondent then filed HCCS No. 423 of 2014 against the applicant for USD 3,761,993.46 as money had and received for no consideration, based on 134 unpaid invoices. The applicant filed a preliminary objection that the second suit was res judicata and an abuse of court process. On 18 October 2017, the High Court ruled in Miscellaneous Application No. 103 of 2015 that the suit was not res judicata because the first suit was struck out on a preliminary point without determining the merits. The applicant then sought leave to appeal that ruling.

Issues

  1. Whether there are grounds of appeal that merit serious judicial consideration warranting leave to appeal.
  2. Whether the applicant had raised arguable points of law disputing the court's finding that HCCS No. 423 of 2014 was not res judicata.

Orders

  • Application dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Civil Procedure — Leave to Appeal — Test for Granting 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, but where the order was made in the exercise of judicial discretion, a stronger case must be made out.
Civil Procedure — Leave to Appeal — Duty to Demonstrate Grounds of Error
For leave to appeal to be granted, the applicant must demonstrate that there are arguable points of law or grounds of appeal which require serious judicial consideration arising from the decision of the court, by setting out the controversies upon which the court ruled and the grounds which dispute or contest the correctness of the decision on each controversy.
Civil Procedure — Res Judicata — Dismissal on Preliminary Point Not Based on Merits
The dismissal of a suit on a preliminary point of law, not based on the merits of the case, does not bar a subsequent suit on the same facts and issues between the same parties. For res judicata to apply, the matter directly and substantially in issue must have been heard and finally disposed of on the merits in the former suit.

Legislation cited (2)

Cases cited (7)

  • Sango Bay v Dresdner Bank [1971] EA 17
  • Ayebazibwe v Barclays Bank Uganda Ltd & 3 Ors (Miscellaneous Application No. 292 of 2014)
  • Isaac Bob Busulwa v Ibrahim Kakinda [1979] HCB 179
  • Lt David Kabarebe v Major Prossy Nalweyiso (Civil Appeal No. 34 of 2003)
  • Bukondo Yeremiya v E. Rwananenyere [1978] HCB 96
  • Frederick Sekyaya Sebugulu v Daniel Katunda [1979] HCB 46
  • Kerchand v Jan Mohamed (1919-21) EAPLR 64

Full judgment

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

Three Ways Shipping Services Ltd v Mtn Uganda Ltd (Miscellaneous Application No. 1336 of 2017) [2018] UGCommC 55 (5 September 2018)
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.