Jurisdiction

M.Buwule v Stirling International Civil Engineering ((Civil Appeal No.7 Of 2000)) [2009] UGCA 58 (14 December 2009);

Flynote: 

Search Summary: 

The unsuccessfully respondent appealed against the Court of appeal’s judgement and in the meantime its assets and liabilities were transferred to another company. The respondent then raised a preliminary objection to the effect that the Court of appeal had no jurisdiction to execute its orders or substitute a judgment debtor after judgment.The court considered whether it had jurisdiction to execute its orders.  

Headnote and Holding: 

Court held that the for the purpose of hearing and determining an appeal the Court of appeal had all powers, authority and jurisdiction vested under any written law in the court from the exercise of original jurisdiction of which the appeal originally emanated. The court was satisfied that in matters of execution it has concurrent jurisdiction with the High Court.  The court accordingly concluded that the Court of Appeal had jurisdiction to execute its orders.

The court further considered whether a registrar of the Court of appeal had jurisdiction to substitute a judgment debtor. The court held that the question was controversial and could only be determined by a full panel of the court in the same way it determined the appeal itself on merits.  The court was satisfied that the question as to whether all assets and liabilities of the former company were transferred to the latter required full adjudication. The court accordingly concluded that a registrar of the Court of appeal lacked jurisdiction to substitute a judgment debtor.

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