Ham Enterprises Ltd and 2 Others v Diamond Trust Bank (U) Ltd (Civil Application No. 313 of 2020) [2021] UGCA 5 (27 January 2021)

## THE REPUBLIC OF UGANDA

IN THE COURT OF APPEAL OF UGANDA AT KAMAPALA CIVIL APPLICATION NO. 313 OF 2020

[Arising from M. A. No. 846 of 2020 and HCCS No. 43 of 2020]

- 1. HAM ENTERPRISES LTD - 2. KIGGS INTERNATIONAL (U) LTD :::::::::::::: APPLICANTS - 3. HAMIS KIGGUNDU

### **VERSUS**

$10$

$15$

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# 1. DIAMOND TRUST BANK (U) Ltd

2. DIAMOND TRUST BANK (K) LTD :::::::::::: RESPONDENTS

(Application from the Judgment and Orders of the Hon. Mr. Justice Flavian Zeija, Principal Judge of the High Court of Uganda at Kampala dated 02<sup>nd</sup> November 2020 HCMA No. 846 of 2020)

HON. MR. JUSTICE RICHARD BUTEERA, DCJ CORAM: HON. MR. JUSTICE KENNETH KAKURU, JA HON. MR. JUSTICE CHRISTOPHER MADRAMA, JA

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## **RULING OF THE COURT**

This is an application brought under Rule 2(1) of the Rules of this Court seeking for leave to appeal against the Ruling and Orders of Hon. Justice Flavian Zeija, Principal Judge, dated 2/11/2020 in High Court Miscellaneous Application No. 846 of 2020, in that application, the Principal Judge stayed **Execution** $25$ of Judgement and Decree of the Hon. Justice Henry Adonyo in High Court Civil Suit No. 43 of 2020 pending an appeal therefrom to this Court.

When this application came up for hearing Mr. Fred Muwema and Arnold Kimara appeared for the applicants while Mr. Kiryowa 30

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Kiwanuka, Usame Ssebunya and Richard Bibangamba appeared for the respondents, which we have read.

The applicants filed an affidavit in support of the application. The respondents responded with a reply thereto. Both parties have proceed by way of written submissions.

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The application is concerned with the legality and propriety of the Proceedings, Ruling and Orders issued by Principal Judge in the HCMA 846 of 2020.

- The Principal Judge granted to the respondent an order of stay of execution pending appeal to this Court. That order has since $10$ lapsed as the appeal referred to therein has been fixed for hearing today. This has rendered the application moot. We have no reason to consider or entertaining it. We accordingly dismiss it with no order as to costs. - Had we not dismissed it for the reasons set out above, we would 15 still have dismissed it on account of being misconceived. There is only one High Court in Uganda. Any Judge of the High Court, anywhere in this Country has jurisdiction to hear any suit civil or criminal. Court files may move from one High Court Judge to another as may be directed by The Principal Judge, Heads of $20$ Division, and Registrars or by order of appellate court.

Every individual Judge of the High Court has jurisdiction to hear and determine any matter brought before him or her at any stage of the proceedings even if it is just to write a judgement. The Principal Judge, Head of Division or Head of a Circuit Court in

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respect of the specific division or circuit may remove any matter pending before one Judge or Registrar and allocate it to another.

We observe therefore that, the grounds set out in this application are misconceived. We would therefore have declined to grant leave to appeal for the Principal Judge's order.

This decision disposes of **Civil Appeal 313 of 2020** in respect of the same matter which is also dismissed for the same reason that it has also been overtaken by events, in that the appeal, the pendency of which the stay was granted has now come up for hearing.

We make no order as to costs in that appeal.

Dated at Kampala this....................................

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Maurin

HON. JUSTICE RICHARD BUTEERA DEPUTY CHIEF JUSTICE.

> HON. KENNETH KAKURU **JUSTICE OF APPEAL.**

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HON. CHRISTOPHER MADRAMA

**JUSTICE OF APPEAL.**

$15$

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$10$

$25$

$20$