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Warid Telecom Uganda Limited & Another v Isingoma (Civil Appeal 33 of 2022)

High Court · [2024] UGHC 1093 · 2024 Appeal Allowed — Judgment Set Aside — Matter Remitted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from the judgment and orders of the Chief Magistrate's Court of Fort Portal in Civil Suit No. 232 of 2012
Decision
Judgment and decree set aside as a nullity; matter remitted to Chief Magistrate's Court for retrial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the trial magistrate committed a material irregularity by determining the suit based on a witness statement that was not formally tendered as evidence in chief under oath. Although filed, the witness statement did not constitute evidence until it was identified by the witness on oath and adopted by the court. There was therefore no evidence on the trial court record. This irregularity rendered the judgment and decree a nullity. The appeal was allowed, the judgment and decree set aside, and the matter remitted for retrial.

Outcome

Judgment and decree set aside as a nullity; matter remitted to Chief Magistrate's Court for retrial

Facts

The respondent sued the appellants in negligence, alleging that on 2 June 2021, the second appellant, an employee of the first appellant, negligently drove a motor vehicle and collided with the respondent's motorcycle, causing injury and damage. The appellants denied liability and pleaded contributory negligence. When the matter came up for hearing on 18 May 2018, the respondent and his counsel appeared, but the appellants and their counsel were absent. The respondent's counsel informed the trial court that a witness statement had been filed and served, and asked the court to consider the plaintiff's evidence on record. The trial magistrate proceeded to determine the matter and on 28 February 2020 entered judgment in favour of the respondent, awarding general damages of UGX 15,000,000, special damages of UGX 8,681,000, interest at 15% per annum, and costs. The appellants filed an appeal challenging the judgment on multiple grounds, including procedural irregularities and quantum.

Issues

  1. Whether the appeal was filed out of time.
  2. Whether the appellants had locus to appeal an ex parte decree.
  3. Whether grounds of appeal relating to a miscellaneous application can be combined with grounds relating to the main suit decree.
  4. Whether the trial magistrate erred in relying on a witness statement that was not formally tendered as evidence in chief.

Orders

  • Appeal allowed.
  • Judgment and decree of the trial court in Civil Suit No. 232 of 2012 declared a nullity and set aside.
  • Matter remitted to the trial court for retrial.
  • Each party to bear its own costs in the High Court and the trial court.
  • Deputy Registrar to send back the trial court file for retrial.

Rules and key headnotes

Civil Procedure — Limitation — Appeals — Computation of time — Exclusion of time taken to prepare record of proceedings
In computing the period of limitation for filing an appeal, the time taken by the court or registrar to prepare a certified copy of the decree or order appealed against and the proceedings is excluded. However, an appellant must not merely request the typed record but must actively follow up to ensure it is provided on time. Although the court is responsible for preparing the record, it is also the advocate's duty to follow up and collect it promptly.
Civil Procedure — Appeals — Grounds of Appeal — Requirement for conciseness and specificity
A memorandum of appeal must set forth concisely and under distinct heads the grounds of objection to the decree appealed from without argument or narrative. It is procedurally improper to combine substantive grounds of appeal against a decree with grounds arising from a miscellaneous application. Vague and general assertions that do not specify the error in law or fact committed by the trial court are liable to be struck out.
Civil Procedure — Ex Parte Proceedings — Right of Appeal
A defendant aggrieved by an ex parte decree has an unrestricted right to appeal under section 67 of the Civil Procedure Act. Alternatively, the defendant may apply to the court that passed the decree for an order to set it aside under Order 9 Rules 12 and 27 of the Civil Procedure Rules.
Evidence — Witness Statements — Formal Admission as Evidence
A witness statement, though filed and part of the court record, does not constitute evidence in chief until it is formally identified by the witness under oath and adopted by the court. Annexures to a witness statement do not constitute exhibits until they are tendered, admitted, and properly marked by the trial court. A judgment based on a witness statement that was not formally tendered as evidence in chief is rendered a nullity.

Legislation cited (8)

Cases cited (3)

  • Father Nanensio Begumisa and Others v Eric Tiberaga (SCCA No. 17 of 2000)
  • Peters v Sunday Post [1958] EA 424
  • Ongwen Anthony & Another v Ocaya Micheal (HC Civil Appeal No. 12 of 2017)

Full judgment

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

Warid Telecom Uganda Limited & Another v Isingoma (Civil Appeal 33 of 2022) [2024] UGHC 1093 (28 November 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.