Turinawe & Anor v Kyalimpa & 4 Ors (CIVIL REFERENCE NO.01 OF 2012 ) [2013] UGSC 12 (6 June 2013);


Search Summary: 

The 1 st applicant sold property to the 2 nd applicant and the 1 st
respondent wife to the 1 st applicant successfully challenged
the sale in the court as the same was considered to be
matrimonial property. The Court of Appeal reversed the High
Court’s judgment and the respondent instructed their counsel
to appeal the decision who delayed and the applicant filed a
notice of motion for dismissal. The respondents instructed
another counsel to file an application for extension of time to
file an appeal. The matter was referred to a single justice who
allowed the application after non-appearance of the
applicant’s counsel. The application was referred to a full

Headnote and Holding: 

The court considered that the learned justice had allowed an
improperly sworn affidavit on the record of court and the court
observed that the applicant’s counsel had not entered
appearance to cross-examine the witness in order to prove
that the affidavit had been sworn in absence of the
commissioner for oaths.
The court observed that an application for the reference does
not act as bar against further hearing of the case as the judge
still has to exercise discretion to either grant the leave or not.
In the result, the reference was dismissed


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