Kapiriri v International Investments and 5 Others (Civil Application Number 0125 of 2015) [2018] UGCA 255 (23 February 2018)


$\mathsf{S}$

#### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA (COA) AT KAMPALA **CIVIL APPLICATION NUMBER 0125 OF 2015**

#### PROCEEDINGS BEFORE:

HON. MR. JUSTICE KENNETH KAKURU, JA $10$

**PARTIES**

B. W. KAPIRIRI :::::::::::::::::::::::::::::::::

#### VS.

#### **INTERNATIONAL INVESTMENTS &**

5 OTHERS ::::::::::::::::::::::::::::::::::::

Date: 23<sup>RD</sup> February 2018

#### Appearances:

t/

Mr. Kyeyago Edward: Counsel for Applicant

Absent : counsel for the resPondent

Nayrga Ziddy: Court Clerk

n

# Mr. Kyevago:

My lord Kyeyago Edward for the applicant. The respondents are not in court neither his lawyer.

We were served by court, we don't know whether counsel for

<sup>15</sup> the respondents

#### Court:

They were senred

# Mr. Kveyago:

They are represented by Okalangaro chambers

# Court:


#### <sup>5</sup> Proceed

what do you want?

# Mr. Kveyago:

Your lordship we pray we are ready to proceed with the application if the lawyers for the respondents were duly

#### 10 Court:

What do you want in this application?

# Mr. Kyevago:

My lord the application is seeking for extension of time within which to file an application for leave against the decision of <sup>15</sup> Justice Namundi Godfrey in MA number 170 of 2OO2.

#### Court:

What was the application about?

# Mr. KyeyaEo:

The application was seeking for leave to file an application <sup>20</sup> amend the plaint

#### Court:

#### <sup>5</sup> And leave was denied

#### Mr.

The application was dismissed for leave to amend the plaint

#### Court:

You are seeking an application to amend the plaint so that fraud can be included

# Mr. Kyevago:

Because the particulars were not in the knowledge of the plaintiff at the time when he was filing the suit. Even in their WSD they never indicated but only came up at the hearing of the suit when the 1"t respondent or defendant was saying he had a title of the suit land.

# Court:

What is the position of the case at the trial court?

# Mr. Kvevago:

20 The trial is not complete, they were about to finish the plaintiffs side then these issues c€rme about. So it is part heard. This issue of fraud came about in cross examination

# Court:

<sup>5</sup> So what is the cause of action in the main case?

# Mr. Kyevago:

The cause of action in the main case was trespass. The plaintiff was evicted from the suit land by the l"t defendant and the agents of the l"t defendant but he didn't know that <sup>10</sup> the l"t defendant had acquired a title over the suit land. So he wanted to add the issues of fraud and also wanted to add the commissioner for land registration.

#### Court:

Where is your record of appeal, proceedings?

#### <sup>15</sup> Mr.

My lord we had only lodged a notice of appeal

# Court:

You went home and slept

# Mr. Kveyago:

<sup>20</sup> Your lordship we ca.n file the record within a very short time but we had only fiIed the notice of appeal which is on record

# Court:

<sup>5</sup> How long will it take you to file a record of appeal?

# Mr. Kyevago:

Within 2 weeks to get the file from Jinja. My lord we can do within a week

#### Court:

<sup>10</sup> I want to be satisfied that once the order is granted the appeal is also ready and the appeal can be heard.

> So you have an application for leave, you have an application for extension of time and you also have an application to stay proceedings. A11 in one application

# <sup>15</sup> Mr. Kyeyago:

Yes my lord.

#### Court:

I have granted you an application for extension of time within which to fiIe the application for leave. You have 3 applications <sup>20</sup> extension of time within which to file an application for leave, then the application for leave, then the stay of proceedings. I am only granting an application for extension of time so that

<sup>5</sup> you can now go and file a substantive application for leave. And where you have a record.

> Okay I would grant an application for extension of time to file the application for leave and also grant leave to file an appeal against the decision of the High Court in High Court MA number L7O of 2012. TWo orders;

- 1. You are granted extension within which to file because an omnibus application. - 2. Also grant you leave to appeal against the decision of the High Court. - hear the application for stay of proceedings. The appeal should be filed by 14tt' of March 2OL8. 20 <sup>15</sup> I have not given you stay of proceedings and your appeal is not yet here. Your substantive appeal against that decision is not here. What you have here is leave to appeal and extension of time and also leave to appeal. I am givingyou up to 21"t of March for you to have filed the appeal itself and when you have filed the appeal itself then you will come back for me to

# Mr. Kveyago:

a

Most obliged.


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HON. JUSTICE KENNETH KAKURU, JA

$\cdots\cdots\cdots\cdots\cdots\cdots\cdots\cdots\cdots\\$

23<sup>RD</sup> FEBRUARY 2018

# THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

#### **MISCELLANEOUS APPLICATION NO. 125 OF 2015**

(Arising from Miscellaneous Application No. 160 of 2014)

# [Arising from Misc. Application No. 170 of 2012]

[Arising from Civil Suit No. 106 of 2007]

B. W. KAPIRIRI :::::::::::::::::::::::::::::::::

#### **VERSUS**

**\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\***

- 1. INTERNATIONAL INVESTMENTS LTD - 2. KALIISA KARANGWA MOSES - 3. ELIZABETH MWIGUNDU

4. MITALA BULUBA MOSES

- 5. MUKUNGU BALAT - 6. BULUBA JULIUS MICHAEL

#### ORDER

**THIS APPLICATION** coming up for final disposal on the $23<sup>rd</sup>$ day of February 2018 before the Honourable Mr. Justice Kenneth Kakuru Justice of Court of Appeal in the presence of the Applicant and Mr. Kyeyago Edward Counsel for the Applicant and in the absence of the Respondents and their lawyers having been duly served. It is hereby ordered that;

1. The Applicant is granted extension of time within which to lodge his application for leave to appeal against the decision of **Hon. Mr. Justice** Namundi Godfrey in Misc. Application No. 170 of 2012 delivered on the $19^{\text{th}}$ day of February 2014.

- 2. The Applicant is granted leave to appeal the decision of the High Court of Uganda at Jinja given on 19<sup>th</sup> day of February 2014, dismissing the Applicant's Application for leave to amend the plaint. - 3. The Applicant should file his appeal by $14$ <sup>th</sup> of March 2018 and the Application for stay of proceedings in Civil Suit No. 106 of 2007 may thereafter, be heard.

$13^{\text{th}}$ day GIVEN UNDER my hand and seal of this Honourable Court this .. of ....................................

REGISTRAR/DEPUTY REGISTRAR

EXTRACTED BY;

**R. Nsubuga & Co. Advocates**

Plot 3 Parliament Avenue

Raja Chambers 4<sup>th</sup> Floor

Suit No. 053, P. O. Box 25590 Kampala