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Umeme Limited v Makubuya William T A Polla Plast and Others (Miscellaneous Cause 60 of 2024; Miscellaneous Cause No. 47 & 60 of 2024)

High Court · [2024] UGCOMMC 382 · 2024 Applications Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications to set aside garnishee orders nisi and absolute issued by the Registrar of the Supreme Court in execution proceedings
Decision
Applications dismissed on grounds of lis pendens; matters to be determined by the Supreme Court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court Commercial Division dismissed consolidated applications by Umeme Limited and Stanbic Bank seeking to set aside garnishee orders nisi and absolute issued by the Supreme Court Registrar. The court held that the matters directly and substantially raised the same issues as pending Supreme Court proceedings (Civil Reference No. 02 of 2024 and Civil Application No. 01 of 2024), thereby contravening the lis pendens rule under Section 6 of the Civil Procedure Act. To avoid contradictory decisions and multiple proceedings, the court determined it was in the interest of justice for the Supreme Court to resolve the matters.

Outcome

Applications dismissed on grounds of lis pendens; matters to be determined by the Supreme Court

Facts

Umeme Limited and Stanbic Bank Uganda Limited filed separate applications seeking to set aside garnishee orders nisi and absolute issued by the Supreme Court Registrar on 13th and 15th May 2024 respectively. The garnishee orders arose from execution proceedings in Supreme Court Misc. Application No. 02 of 2024, stemming from a Supreme Court decree in Civil Appeal No. 1 of 2019 (Makubuya William v Umeme Limited). The decree awarded special damages of USD 2,519,557 subject to depreciation. Disputes arose regarding the applicable depreciation rate. While a Justice of the Supreme Court suggested issues be handled by the High Court as the court of first instance, the Supreme Court files were never formally transferred. Meanwhile, both applicants had filed similar applications in the Supreme Court (Civil Reference No. 02 of 2024 and Civil Application No. 01 of 2024) challenging the same garnishee orders. The respondent objected on grounds of lack of jurisdiction and abuse of process.

Issues

  1. Whether there is sufficient cause to set aside the garnishee order nisi issued by the Learned Registrar at the Supreme Court in Miscellaneous Application No. 02 of 2024.
  2. Whether there is sufficient cause to set aside the garnishee order absolute issued by the Learned Registrar at the Supreme Court on 15th May, 2024 in Miscellaneous Application No. 02 of 2024.
  3. Whether this Court has jurisdiction to determine applications seeking to set aside orders of the Supreme Court Registrar.
  4. Whether the applications constitute an abuse of the Court process.

Orders

  • Miscellaneous Cause No. 47 of 2024 dismissed.
  • Miscellaneous Cause No. 60 of 2024 dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Lis Pendens — Multiplicity of Proceedings — Same Issues in Different Courts
No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit or proceeding between the same parties pending in the same or any other court having jurisdiction to grant the relief claimed, as provided under Section 6 of the Civil Procedure Act.
Civil Procedure — Abuse of Process — Forum Shopping — Filing Similar Applications in Multiple Courts
Where a party files applications in multiple courts seeking the same relief and raising substantially the same issues, such conduct constitutes forum shopping and amounts to abuse of the court process, particularly where no enabling law permits concurrent proceedings.
Civil Procedure — Lis Pendens — Interest of Justice — Avoiding Contradictory Decisions
Where matters in issue in one court are directly and substantially in issue in another court of competent jurisdiction, it is in the interest of justice to allow the matters to be determined by the court first seized to avoid issuing contradictory decisions and encouraging the existence of multiple proceedings.

Legislation cited (14)

Cases cited (10)

  • Uganda Telecom Ltd v ZTE Corporation (Supreme Court Civil Appeal No. 3 of 2017)
  • Desai v Warsama [1967] EA 351
  • Ssonko Metal Craft Ltd v Sarana Ltd (Revision Application No. 34 of 2019)
  • Magomu Hussein Kahandi v The Electoral Commission and Another (High Court Civil Appeal No. 78 of 2016)
  • Shell (U) Limited and 9 Others v Muwema & Mugerwa Advocates and Another (Supreme Court Civil Appeal No. 2 of 2013)
  • Male K. Mabirizi v Attorney General (High Court Miscellaneous Application No. 89 of 2022)
  • Uganda Land Commission and Another v James Mark Kamoga and Another (Supreme Court Civil Appeal No. 8 of 2004)
  • Springs International Hotel Ltd v Hotel Diplomate Ltd and Another (High Court Civil Suit No. 227 of 2011)
  • Nakasero Market Sitting Vendors & Traders Ltd v Kampala Capital City Authority and Another (High Court Miscellaneous Cause No. 348 of 2020)
  • Jadva Karsan v Harnam Singh Bhogal [1953] 20 EACA 74

Full judgment

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

Umeme Limited v Makubuya William T A Polla Plast and Others (Miscellaneous Cause 60 of 2024; Miscellaneous Cause No. 47 & 60 of 2024) [2024] UGCommC 382 (20 December 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.