Tumwesigye & 3 Others v Butungiro (Miscellaneous Application 8 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An application for stay of execution was dismissed as incompetent. The court held that where multiple applicants bring an application and one applicant swears an affidavit on behalf of others without express authorization and without it being a representative suit, the affidavit is fatally defective. The absence of affidavits from the other three applicants and the lack of express authority rendered the entire application incompetent.
Outcome
Application dismissed as incompetent for want of proper authorization
Facts
The applicants were defendants in a land dispute heard by the Chief Magistrate's Court at Kanungu, which found against them. Their appeal to the High Court was dismissed with costs. They lodged notice of appeal to the Court of Appeal and applied to the High Court for stay of execution pending that appeal. The respondent had purchased land from the late George Byandagara Seburukoko in 2017 and alleged the applicants chased him from the land in 2018. The applicants claimed the land formed part of their father's estate and the sale was a forgery. Both lower courts ruled in favour of the respondent, issuing a permanent injunction and eviction order. The third applicant, Katoto Gideon, swore the supporting affidavit on his own behalf and purportedly on behalf of all four applicants. The respondent objected that the application was defective for want of affidavits from the other three applicants and absence of express authorization.
Issues
- Whether an applicant in a non-representative suit can swear an affidavit on behalf of co-applicants without express authorization.
- Whether there are grounds for an order for stay of execution pending appeal.
Orders
- Application dismissed.
- Costs awarded to the Respondent.
Rules and key headnotes
Legislation cited (3)
- Judicature Act s.33
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
Cases cited (2)
- Makerere University v Saint Mark Education Institution Ltd and Others (High Court Civil Suit No. 378 of 1993)
- Taremwa Kamishani and 8 Others v Attorney General and 2 Others (Miscellaneous Cause No. 38 of 2012)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.