Re-Hearing An Appeal

Breakers & Partners Uganda Ltd & Anor Vs Attorney General (CIVIL APPEAL NO. 14 OF 2010) [2016] UGCA 12 (15 January 2016);

Flynote: 

Search Summary: 

The Appellants sued the Non-Performing Assets Trust (NPART) and one Surjeet Singh in the Non Performing Tribunal (NPT) vide Tribunal case No. 6 of 2002 for unlawful seizure and sale of property at Plot 26 Station Road, Lira, belonging to the Appellants. In 2005, the NPT ordered the NPART to pay the Appellants a sum of Uganda shs. 273,000,000/= plus taxed costs of shs. 18,336,000/ =. NPART andSurjeet Singh filed Civil Appeal No. 33 of 2005 in the Court of Appeal.

Headnote and Holding: 

Court held that regarding the existence of the appeal, we consider that this is a question for the appeal, bench in Civil Appeal No. 33 of 2005 to decide. We note that the 1st appellant is a statutory body that was extinguished by operation of law. Court further held that the learned trial Judge had no jurisdiction to decide on a matter that is before the Court of Appeal.Lastly, they considered that the learned trial Judge erred in law when he dismissed Civil Suit No. 125 of 2008. It was therefore reinstated on the High Court docket. The matter should proceed before another Judge.

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