WORKSHOP 2

POST JUDGMENT REMEDIES

FIRM D4
12/06/2024
PART A
BRIEF FACTS;
Hajji Yusuf instituted a suit N0. 534/2021 against Mupakasi Robinson
in the High court at Kampala land division. He was claiming for an
order that he is the proprietor of land comprised in LRV 4215 Folio 2
plot N0547 situated in Nakyinyinji in Lawafu Makindye division,
General suits and cost of the suit.
On 14th May 2024, court dismissed the suit on ground that he did not
have locus standi since the lease had expired by the time he
instituted the suit. Yusuf is desirous of appealing against the
decision.
ISSUES;
1. Whether Hajji Yusuf Amooti has justifiable grounds to appeal
against the judgment?
2. What are the remedies available to Hajji Yusuf Amooti in the
circumstances in the circumstances?
3. What is the procedure Forum and documents?
LAW APPLICABLE
1. Constitution of the Republic of Uganda, 1995 as amended.
2. The Civil Procedure Act Cap 71 & the Rules SI 71-1
3. The Judicature Act Cap 13
4. Evidence Act Cap 6
5. Court of Appeal Rules SI. 13-10
6. Case Law
Resolution
Issue 1: Whether Hajji Yusuf Amooti has justifiable grounds to
appeal against the judgment?
In Fx Mabuuke vs UEB 19 defines appeal as a rehearing by the
appellant court of substantial question of law and fact taken by the
aggrieved litigant.
General principle: Baku Raphael Obudura V AG Const
Application No. 1 of 2005- held that a right to appeal must be
conferred by the relevant Act—and while considering grounds for
appeal, court should concentrate on the judgement/ ruling find out,
raising grounds on errors made justifying it with wording of the
judgment, incorporate the law to justify the ground.
Article 50(3) of the Constitution of the republic of Uganda
1995, as amended states that an aggrieved party dissatisfied with
the decision if any court may appeal to the appellant court.
Article 134 and section 10 judicature Act Cap 13 provide to the
effect that appeal lie to the court of appeal from such dicisions of the
High court as may be law prescribed.
Section 66 CPA Cap 71, provides that an appeal shall lie from the
decree or order of the High to the court of appeal.
In regards to the facts, the following are the justifiable grounds of
appeal;
Grounds of appeal.
As general, a first appeal is limited to the matter of law, factor
mixed law and fact. Rule 83 of court approval rules requires the
appellant to set out the grounds objection to the decision specifying
the grounds which are alleged to have been wrongly decided
whether on matter of law or fact.
In the given facts, it is an appeal and the appellant can raise matter
of law and facts.
1. The learned trial judge erred in law and fact when she found
that the plaintiff did not have any interest in the land without
considering the evidence of the Buganda land board and
dismissing the suit thus occasion a miscarriage of justice.
2. The land trial judge erred in law when she decided that the
plaintiff had no locus standi to institute the suit.
3. The Learned trial judge erred in law and fact when she
unreasonably disregarded the preliminary objection raised by
the plaintiff against photos and admitted them as evidence.
4. The learned trial judge failed in her duty to subject the
evidence to scrutiny when she held the plaintiff had lacked a
cause of action solely relying on the submissions of the defense
counsel.
Issue 2: What are the remedies available to Hajji Yusuf Amooti in the
circumstances in the circumstances?
Back’s law dictionary 9th Edition defines a remedy as legal solution or relief
granted by a judge to a party who has suffered injury or harm due to defendants
actions or omissions.
The principle. In Makula International Ltd v His eminence Cardinal Nasubuga and
another SCCA No 4 of 1981, court held that where an order is made within the
scope of Civil Procedure Act, a party within the suit is entitled to a remedy.
In regard to the facts, the following are the remedies available to Hajji Yusuf
Amooti;
Interim remedies
1. Applying for extension of time to file an appeal. Under rule 5 of the court of
appeal rule, he would be required to show sufficient cause as why to file he did
not appeal within 14 days.
In Twiga Chemical industries Vs viola Bamusude t/a Triple B enterprise SCCA
N0.16/2006 Court held that sufficient cause include Advocates negligence,
ignorance of procedure and illness.
Upon obtaining leave to appeal out of time, Hajji Yusuf Amooti as the appellant
would be required to prepare a notice of appeal and the record of appeal.
2. Stay of execution pending appeal.
Rule 6(2)b of the Court of Appeal Rules SI 1-1 provides for the power of court to
stay execution where a notice of appeal has been properly filed. This was the
position in the case of Alkon International Limited VsKasirye and Co.
Advocates Misc App 438/ 1995
Long term remedies-
2. Appeal
In Pias Nuwagaba vs LDC Civil Application No 18/2006, the court of
appeal held that where an order is made by the high court on a matter brought
to it by a statutory provision, that order is appealable as of a right of an
aggrieved. The appeal is specifically provided by legislation.
Section 72 of the Civil Procedure Act Cap 71 provides that an appeal shall
lie to court of Appeal from every decree passed by the High court on grounds
established as decisions contrary to the law, decision has failed to determine
some material issues of law, and substantial errors in procedure.
Rule 2(2) of the Court of Appeal Rules SI 13-1 provides for the power of
the court of appeal to set aside judgments which have been proven nu and
void after they have been passed and shall be exercised to prevent abuse of
process caused by delay
In regards to the instant facts, the trial judge failed to determine material
issues when determining ownership of the land. This gives Hajji Yusuf Amooti a
Procedure for appeal to COA
Issue 3: What is the procedure Forum and documents?
Procedure
Section 66 CPA- unless otherwise expressly provided, an
appeal shall lie from the decree or part of the decree and from
the orders of High Court to Court of Appeal.
In Alcon International V Kasirye and Co. Advocates Misc
App 438/ 1995, it was decided that appeal is commenced by
lodging a notice of appeal.
 Lodging a notice of appeal with the registrar of High court
within 14 days after the date of decisions against which he
desired appeal. (Rule 76(1)&(2) SI 13-10) and Rule 83 SI
13-10
 service of notice of appeal within 7 days after loging notice
of appeal on a person directly affected by the appeal (Rule
78).
In Francis Mikka V Nuwa Walakira SCCA No. 24/1994,
Court decided that service of notice of appeal shall be within
seven working days days.
 Make an application for a copy of proceeding in High Court (Rule
83(2) SI 13-10).
 Respondent to give address of service within 14 days of a Notice of
Appeal(NOA) on him to the appellant (Rule 80(1))
 Lodging a memorandum of Appeal in the registry of the court within
sixty days after the date when a notice of Appeal was lodged. It must
be in six copies (Rule 83)
 Service of Memorandum of Appeal within 7 days after lodging it in the
registry on the respondent who complied with Rule 80. (Rule 88(1))
 Filing an Affidavit of service of the memorandum of Appeal.(Rule
88(2))
 Service of record of appeal in the registry
 Conferencing between the parties, the appellant will lodge a statement
in writing of his argument in support of the appeal within 14 days after
lodging the memorandum of appeal. (Rule 98(1)&(2))
 Submitting of skeleton arguments during conferencing which shall be
in written form (Rule 98(1) and Practice Direction No. 2 of 2002)
 Extracting a Notice of Hearing from the registrar not less than 14 days
(Rule 99)
 Hearing of the appeal.
Forum.
As the general rule, jurisdiction is a creature of statute. Raphael Baaku Obudra Vs
AG Constl Petition N0.1/2005
 Article 134 of the 1995 constitution and Section 66 Cap 71- An appeal from
decrees of High court shall lie to Court of Appeal.
In the given facts, the decree was passed by High court thus the appropriate forum is
the court of appeal.
Documents.
 Extension for of time (Notice of Motion and supported by an Affidavit)
 Letter requesting record of proceedings
 Notice of Appeal
 Memorandum of Appeal
 Record of appeal.

Kampala City Council v National Pharmacy Limited [1979] HCB 215, court
decided that if there is non compliance to performing essential steps for lodging o an
appeal in the Court of Appeal in regard to Rule 82, the Notice of Appeal shall be struck
out.

Noble Builders Uganda Limited vs Sietco SCCA 1/1995- court held that the
consequences of non compliance with Rule 82, when a person fails to file a notice of
full and sufficient address for service of persons, that person is not entitled to be
served a memorandum of record of Appeal and that’s a mandatory requirement.
Procedure, forum and document for
stay of execution
What is the procedure, forum and documents?
Procedure 1.The application to set aside the
execution proceedings shall be made by Filing a
notice of motion and affidavit in the High Court of
Jinja. The documents are a N.O.M and affidavit
pursuant to Section 98 of the CPA and Order 52 rule
1 of the CPR
Interim stay of execution
2 (a) Mupakasi Robinson’s options upon being served with the notice and
memorandum of appeal.

• Mupakasi Robinson as the respondent has two options upon being served with
the appeal documents by Haji Yusuf i.e. He may cross appeal or file a notice
of grounds for affirming the decision appealed against.

o Cross appeal.

• Mupakasi may pursuant to Rule 91 of the Judicature (court of Appeal

Rules) Directions SI 13-10 lodge a notice of cross appeal within 30 days
after receipt of service of the memorandum of appeal and record of appeal
from Haji Yusuf who is the appellant.
• Steps

 He should lodge the cross appeal in the Court of appeal.

 The notice should be in FORM G in the First schedule to the rules.

 Payment of the prescribed fees which is 10,000 ugx pursuant to Rule 103
and the Second schedule Part iii to the Court of appeal rules which
provides for fees in connection with civil appeals from High Court in its
original jurisdiction.
 Service of a copy of notice for cross appeal within 7 days on Haji Yusuf
who’s to be directly affected by the cross appeal pursuant to Rule 93.
o Notice of grounds for affirming the decision by the High Court.

• Mupakasi may on the other hand lodge a notice affirming the decision of the
High Court pursuant to Rule 92.

• He should file a notice of address in the Court of Appeal upon being served
with the notice of appeal under Rule 80 of the Judicature (Court of Appeals)
Rules in Form E.

• Under Rule 92 (1) a respondent who desires to contend on an appeal that the
decision of the High Court should be affirmed on the grounds other than or
additional to those relied upon by that court shall give notice to that effect.
o Notice of grounds for affirming the decision by the High Court.

• Mupakasi may on the other hand lodge a notice affirming the decision of the
High Court pursuant to Rule 92.

• He should file a notice of address in the Court of Appeal upon being served
with the notice of appeal under Rule 80 of the Judicature (Court of Appeals)
Rules in Form E.

• Under Rule 92 (1) a respondent who desires to contend on an appeal that the
decision of the High Court should be affirmed on the grounds other than or
additional to those relied upon by that court shall give notice to that effect.
PART A 2 (b)
• part A 2 (b)Possibility of settling with the appeal
The principle in regards to settling appeals has been broadly discussed in the case of UBC V SINBA
(K) LTD CIVIL APPLICATION NO 12 0F 2014 that once an appeal has been lodged in the court of
appeal, it can never be compromised or consented about.
The only avenue one has is to formally apply to court of appeal to withdraw it with consent of court
of appeal for it is a court decision that can never be settled outside court this would be contrary to
rule 94 (1)The Judicature (court of Appeals) Direction rules .

i. Steps to present Haji Yusuf’s appeal.

 Lodge a notice of appeal in the High Court under Rule 76 of COA Rules in Form D
within 14 days after delivery of the judgment or ruling appealed.

 Upon lodgement in the High Court, the registrar of the High Court will transmit the
Notice of Appeal to the Court of Appeal under Rule 77 COA Rules.

 Service of the notice on all parties affected by the appeal within 7 days from the date of
judgment. The service is effected at the last known address of the affected parties under
Rule 78.
• Request for a copy of the record of proceedings by ordinary letter within 30 days after the
decision under Rules 83(2) & (3) COA Rules, have it served on the Respondent and
maintain proof of service.
 Lodge the memorandum of appeal and record of appeal in the Court of Appeal registry in
6 copies under Rules 83 & 87 COA Rules within 60 days after the date of on which the
Notice of Appeal was lodged.

 Service of the memorandum of appeal and record of appeal on the Respondent with 7
days under Rule 88 COA Rules.

 Payment of the prescribed fees under Rule 103, 104 & Part III of Second Schedule
COA Rules and lodge a receipt under Rule 83 COA Rules.
• The Registrar of Court of Appeal shall the issue a notice of hearing to all the parties not
less than 14 days of the date fixed for hearing an appeal under Rule 99 (1) COA Rules
PART B
Brief facts
Hajji Yusuf Amooti is aggrieved by the decision of the High Court
in Civil suit N0. 543 of 2021 in which the trail judge dismissed
his suit for an order of eviction against the defendant, a
permanent injunction, general damages and costs of the suit. He
claimed to have bought the suit property vol. 4215 Folio 2 plot
No.321 Block 547 Kyadondo from a one Juliet Mirembe. He filed
an appeal Civil Appeal No. 768 of 2021. He is agrrieved by the
decision therein. Issues Whether Hajji Yusuf Amooti has
grounds for appeal in the Circumstances?
LAW APPLICABLE
1. Judicature (Court of Appeal Rules) Directions SI 13-10 OF
2000
2. Case law
ISSUE
Whether Hajji Yusuf Amooti has grounds for appeal in the
Circumstances?
Resolution of issues.
This is a second appeal from the judgment of the High Court
(Land Division). The role of the second appellate court is to the
Court shall have power to appraise the inferences of fact drawn
by the trial Court, per Rule 32(2) of the Judicature (Court of
Appeal Rules) Directions. It was held in Uganda Breweries Ltd v
Uganda Railways Corporation (2002) EA 634, Court held that the
duty of the Second appellate Court is to ascertain and confirm
whether the first appellate Court has adequately discharged it’s
duty to reevaluate and scrutinize the Evidence on record as a
whole to come to a correct conclusion.
In the facts at hand, the appellant appealed to the High Court
remitted the file back to the trial Court to determine whether
DIANA ROSE KIRUNGI (the widow of the late Dr.Kirungi) had
capacity to sell the Suit Land without the letters of administration
to the estate of the husband, the appellant was dissatisfied with
the decision of the High Court and therefore filing this second
appeal to the Court of Appeal on the following grounds;
❖1.The learned appellate judge erred in law when she failed to
re-evaluate the evidence on record and thereby failed to make
any decision on the appeal.
❖2.The learned appellate Judge erred in law in failing to reach a
decision by not either allowing the appeal or dismissing it.
❖3.The learned appellate Judge erred in law when she remitted
the case to the Chief Magistrates Court to investigate the
existence of the letters of administration to the Estate of Dr.
Kirungi when the Court was to determine the appeal on available
evidence. As discussed above, the duty of a second appellate
Court is to examine whether the principles which a first appellate
Court should have applied were properly applied and if it did not,
for it to proceed and apply the said principles, however, the first
appellate Court (High Court) failed to re-evaluate the evidence on
record hence failing to make a decision.
• In the case of Fr. Narsensio Begumisa and Others v Erick Tibega SCCA No. 17 of 2020, the
Supreme Court held that, ‘in the first appeal, the parties are entitled to obtain from the
appeal court it’s own decision on issues of fact as well of law. And therefore, in this case
the High Court was sitting as a first appellate Court but failed in its duty to rehear the
case and reconsider the evidence on record. It should be noted that had the Learned
appellate Judge read the judgment of the Chief Magistrate, she would not have made an
order remitting the file for determination of an issue already determined by the Chief
Magistrate since the Learned Chief Magistrate had already made a finding that the
respondent had no authority to sell the suit Land because she had no letters of
administration to the estate of the late husband which the appellate Judge should have
re-evaluated in evidence. Therefore, where the first appellate Court fails in its duty to re-
appraise the evidence on record, the Court of Appeal is duty bound to re-appraise the
evidence and this is enunciated in the case of Kifamunte Henry v Uganda SCCA No.10 of
1997.
• In conclusion, from the record, it’s very clear that the learned appellate Judge erred in
ordering that the file be sent back for determination at the Chief Magistrates Court.
Being the first appellate Court, the High Court had a duty to re-evaluate and re-appraise
the evidence on record and come to it’s conclusion which was not done hence making
the appellant to file this second appeal to the Court of Appeal.
• 3. What is the procedure, forum and documents? Procedure
1.The application to set aside the execution proceedings shall
be made by Filing a notice of motion and affidavit in the High
Court of Jinja. The documents are a N.O.M and affidavit
pursuant to Section 98 of the CPA and Order 52 rule 1 of the
CPR
Mupakasi take after being
served with the Appellant’s
documents?
• In response to documents filed by Hajji Yusuf Amooti,
Mr. Mupakasi would have to engage and instruct an
Advocate, in consonance with s. 2(1) of the Advocates
(Professional Conduct) Regulations S.I 267-2. This
was upheld in the case of Kabaale Housing Estates
Tenants Association v Kabaale Municipal Local
Council (Civil Application 15 of 2013) Step 1
• Mr. Mupakasi would then, acting through his Advocate, file an affidavit in reply,
opposing Yusuf’s application for extension of time to file a notice out of time,
beyond the statutory 14-day period.
• The requirement for time to be extended is embedded in Rule 5 of The Judicature
(Court of Appeal Rules) Directions S.I 13-10, to the end that court can extend the
time for filing a notice of appeal, where sufficient cause has been demonstrated. In
his Affidavit in reply, Mr. Mupakasi would essentially contend that no sufficient
cause has been demonstrated, for court to extend the time stipulated, within
which Amooti should have filed a Notice of Appeal.
• In Ofono Yeri Apollo v Sanjay Tanna & Anor [2007] HCB 68,
court declined to extend time for an appellant to file a notice
of appeal, even when the oversight was on his Advocate, on
ground that the appellant should have exercised diligence as
well, and appointed another Advocate.
• Sufficient reason must be proved to exist. Rule 2(2) and Rule 5
of the Court of Appeal Rules. In William Odoi Nyandusi V
Jackson Oyuko Kasendi CA Civil Application No. 0032 of 2018.
Court noted that sufficient reason must relate to inability of
the applicant to file his appeal within the prescribed time and
that the extension of time is a matter of courts discretion and
not automatic.
• Step 2
• Lodging a notice of address for service.
• Rule 80(1)(a) &(b) provides that the respondent upon whom
notice of appeal is served shall with in 14 days after service
serve on the intended appellant notice of a full and sufficient
address for service. The respondent shall with in further 14
days, serve a copy of the notice of address for service on every
other person named in the notice of appeal as a person
intended to be served.
• Counsel for Mr. Mupakasi shall draft a notice of address for
service in Form E in the 1st schedule to these Rules and shall
be signed by Mr. Mupakasi or counsel on his behalf.
• Step 3
• He may lodge a notice affirming the decision of the lower court
(R. 92 (1) JCAR; Form H 1st schedule). This is done within 30
days after receipt of service of the Appellant’s Memorandum Of
Appeal & Record of Appeal. This is only done where the Mr.
Mupakasi intends not to cross appeal.
•
• Step 4
• Pay court fees rule 103 Court of Appeal rules. Second schedule
• Notice of address Part 3 item 9 provides for payment of ugx 1000
• Notice of grounds affirming the decision. item 12 2 nd schedule
provides for payment of UGX. 2500