Chief Registrar of Titles v Sudaplast Industries (Civil Appeal 6 of 1998) [1999] UGCA 52 (14 September 1999)

### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

#### CIVIL APPEAL NO. 6/98

# CHIEF REG. OF TITLES/COMM. FOR LAND REG... APPELLANT

#### **VERSUS**

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M/S. SUDAPLAST INDUSTRIES....................................

HON. MR. JUSTICE C. M. KATO, J. A. CORAM: HON. MR. JUSTICE A. TWINOMUJUNI, J. A. HON. LADY JUSTICE C. N. B. KITUMBA, J. A.

$14^{\rm th}$ September, 1999.

## RULING OF THE COURT

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When this appeal came up for hearing, and before the appellant could argue his case, Mr. Kulumba-Kiingi, learned counsel for the respondent, conceded that he did not have a valid practising certificate when he filed Misc. Appl. No. 93/95 and that therefore all the subsequent proceedings were nullity. In his view there was no competent He prayed that the appeal before this court. proceedings should be struck out with no orders to costs.

Ba $\boldsymbol{w}$ shaki, the Cheborion Mr. learned Commissioner for Civil Litigation in the Ministry of Justice, agreed with Mr. Kulumba - Kiingi's submission that the proceedings before the $H/C$ . No. 93/95 and 266/95 were a nullity and prayed that they should be quashed and the orders made thereon should be set aside. In his view, the appellant should get the costs because it was the respondent filed who $\verb+these+$ counsel $\quad\text{for}\quad$ proceedings despite the fact that he knew that he had no practising certificate.

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We agree with Mr. Cheborion that it was the fault of the respondent's counsel who filed these proceedings in the High Court when he knew that he had no practising certificate. In the result, the appeal is allowed, the proceedings in Misc. Appl. No. 93/95 and No. 266/95 are quashed and orders made there under are set aside. The costs of the proceedings must go to the appellant. Counsel for the respondent will personally pay the costs of the proceedings in the High Court and of this appeal.

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Dated at Kampala this 14<sup>th</sup> day of September, 1999.

C. M. Kato Justice of Appeal. Justice of Appeal.

Call: Lilinia. C. N. B. Kitumba Justice of Appeal.

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