High court judge Lydia Mugambe has given deputy chief justice Steven Kavuma up to January 27 to file his defence in a suit lodged last November by businessman Wilfred Bugingo.
Kavuma was sued in November last year for failure to execute his duties as the head of the Court of Appeal/Constitutional court. The case, in which Bugingo accuses Kavuma of failure to execute his duties as head of the appeal/constitutional court, was scheduled for hearing on Friday.
However, as soon as court convened, Tom Magezi, the lawyer who held brief for Kavuma’s lawyers MacDosman Kabega and Enos Tumusiime, requested for an adjournment. He argued that Kavuma’s lawyers had just got instructions to defend the deputy chief justice.
“My lord, my instructions are to have this matter adjourned premised on the fact that proceedings on this matter were only availed to Tumusiime, Kabega & CO. Advocates yesterday [Thursday] at 6pm by the respondent yet a quick perusal necessitated a written response,” Magezi told court.
Bugingo’s lawyer, Peter Alan Musoke, objected to the adjournment, arguing that Kavuma was served early enough for him to contact his lawyers and file a response.
“This motion was served on the respondent immediately we were given the date of the hearing in December. The respondent is a senior judicial officer who should appreciate the tenor of serving his counsel in time,” he said.
However, Magezi tried, albeit unsuccessfully, to challenge the manner in which Justice Kavuma was served with the court order. He said it was irregular to serve court summonses to Kavuma’s personal assistant. But before he could finish his submission, Mugambe interjected.
“Counsel, serving the respondent’s personal assistant was effective service,” Mugambe said.
In the end, she ruled that in the interest of justice, it was important that Kavuma files a written defence before January 27. She added that any rejoinders should also be submitted to her court before February 6 and hearing will commence on February 9.
BACKGROUND
In his plaint, Bugingo contends that Justice Kavuma, the administrative head of the Court of Appeal, has failed to appoint a coram of judges to hear an application seeking to stay the execution of an earlier order issued by the High court.
Bugingo, who is represented by Lwere, Lwanyaga and Company Advocates, further contends that Justice Kavuma has continuously, contrary to the law, heard cases and delivered judgments as a single judge of the Court of Appeal. According to Bugingo, the law usually requires a panel of three judges to hear such cases.
In 2014, Bugingo sued businessman Willy Jagwe and 22 others for trespassing on his land measuring 414,3480 hectares in Lwensololo village in Mubende district. He claimed the trespass had caused massive destruction to his farm and the commercial tree plantation therein.
Bugingo asked court to issue a permanent injunction stopping the accused and his agents from entering, cultivating, and using the said land in a manner that affects his quiet possession, use and proprietary interests. He also pleaded for special and general damages, interest, and costs of the suit.
In his ruling, High Court judge Andrew Bashaija said there was overwhelming evidence to show that Bugingo was not only the rightful owner of the said land but he had also suffered aggravated damages as a result of the trespass.
The judge awarded Bugingo Shs2.8 billion and Shs500 million in special and general damages for the destroyed property, particularly the commercial tree plantation. Both the special and general damages attracted a 25 per cent interest per annum from June 2014.
BUGINGO, KAVUMA SPEAK
In an interview with The Observer, Bugingo said he went to court because Kavuma has stood in the way of his quest for justice.
“I won a High court case then Jagwe appealed against it but before his appeal was heard, he ran to the Court of Appeal. Since then, Justice Kavuma has kept on issuing one order after another against me, moreover in the absence of my lawyers, yet court proceedings indicate they were present,” he said.
When contacted by telephone, Justice Kavuma declined to comment. “Contact my advocates,” Kavuma said, before hanging up.
bakerbatte@observer.ug