Uganda Railways v Lutaya (Misc. Appli. No. 546 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application to set aside registrar's interim order dismissed as incompetent. Court held it impracticable to determine the merits without accessing a copy of the challenged order or the record of proceedings. Despite repeated listings, counsel failed to avail copies to enable the court to constitute a duplicate file. Each party to bear own costs.
Outcome
Application dismissed without addressing merits due to absence of record
Facts
Uganda Railways Corporation applied to set aside an interim order issued by the Registrar on 1 February 2011 in proceedings arising from Civil Suit No. 26 of 2006. In that suit, Ssalongo Lutaaya Kibandwa alleged he was denied use of plot 83 after it was fenced and occupied by the corporation. The applicant sought orders declaring the interim order null and void. Both parties filed affidavits. However, the challenged interim order, the record of Miscellaneous Applications Nos. 42 and 43 of 2011, and relevant proceedings were not on file. Despite repeated cause listings, counsel failed to provide copies to enable the court to open a duplicate file.
Issues
- Whether the application could be determined without access to the challenged interim order or the record of proceedings in which it was issued.
Orders
- Application dismissed as incompetent.
- Each party to bear their own costs.
Rules and key headnotes
Legislation cited (8)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.