Mabirizi v Attorney General (Civil Application No. 40 of 2022) [2022] UGCA 43 (25 February 2022)

Full Case Text

| 5 | THE REPUBLIC OF UGANDA, | |----|----------------------------------------------------------------------------------------| | | IN THE COURT OF APPEAL OF UGANDA AT KAMPALA | | | IN THE MATTER OF REFERENCE TO FULL BENCH FOR DECISIOB OF A SINGLE JUSTICE OF APPEAL | | | (ARISTNG FRoM CrVtL AppLtCATtoN N0 40 0F 2022) | | 10 | IARISTNG oUT 0F CtVtL AppLtCATtoN N0. 39 OF 20221 | | | IARISTNG 0UT 0F HrGH CoURT MTSCELLANEoUS AppLlCATtoN NO 843 OF 20211 | | | IAR SING oUT 0F H GH CoURT MTSCELLANEoUS CAUSE N0 287 OF 20211 | | | MALE H MABTR Z K. KTWANUKA) APPLLLICANT | | 15 | VERSUS | | | ATTORNEY GENERAL} RESPONDENT |

## RULING OF CHRISTOPHER MADRAMA, JA

After delivery of ruling in Civil Apptication No 40 of 2022,the Appticant Mr Male H. Mabirizi K. Kiwanuka apptied to refer my decision to the futI bench of the Court of Appeat on the ground that the sections 76 and 77 of the Civit Procedure Act, a[[ows a notice of appeaI to cover any interlocutory

decisions made in the cause appeated from and I had erred not to consiCg.r this.

25 Ms Mutesi, Assistant Commissioner who represented the Attorney GeneraI conceded to the reference application.

Accordingly, a reference is hereby made for the futt bench to consider whether the decision of the High Court dated 15th of February 2022 is a separate decision or not covered by the notice of appeaI and this court erred to hotd that it had no jurisdiction to consider those orders and grant the applicant temporary interim relief from imprisonment.

s The Applicant shatl formulate specific grounds of reference in his own words in writing within 7 days from today.

Secondty, the Appticant sought a temporary retief from imprisonment on terms of court pending reference to the futt bench under the inhererrt powers of the court encapsulated in rute 2 (2) of the Rutes of this court.

10 I had ruled in the main apptication that I had no jurisdiction to retease the Appticant on the ground that he had no pending appeat from the decision of the High court dated 15'h of February 2022 in respect of alteged additionat contempts of court.

ln the premises, I am functus officio and cannot stretch rule 2 (2) of the 1s Rutes of this court to reverse myself by making a positive order to release the appticant. I decline to release the applicant. Let him appty afresh to the fu[[ bench or apply to be released on bail pending appeal or apptication whichever remedy is appropriate.

Dated at Kampala the 25th of February,2022.

Christopher Madrama

Justice of Appeal