In the result, I find no merit in this appeal. Since my Lord Byamugisha, JA,
also agrees, I would dismiss this appeal with costs here and in the High Court
to the respondent.
Dated at Kampala this …26th.. day of …March …….. 2009.
S.G. Engwau
JUSTICE OF APPEAL
JUDGMENT OF BYAMUGISHA, JA
I had the benefit of reading in draft form the lead judgment prepared by
Engwau, JA which has been delivered.
I agree with him that this appeal ought to fail in the terms he has proposed.
Dated at Kampala this …26th .. day of …March…2009
C.K.Byamugisha
Justice of Appeal
JUDGMENT OF JUSTICE S.B.K. KAVUMA
I read in draft the judgment prepared by my learned brother S.G Engwau JA.
I have some different views from those of my brother in that judgment as will appear
in the following pages .
The facts, the orders sought by the respondent and as responded to by the trial court,
the subsequent appeals filed in this Court and their eventual consolidation and the
consolidated memorandum of appeal, the four issues framed, the representations and
generally the submissions of counsel for both parties are as stated in the judgment of
S.G. Engwau JA. I need not, except for emphasis where I do, repeat them.
I find the following to be the most serious matters covered in the grounds of appeal
and the issues framed therefrom.
a)
The complaint that the 2nd appellant was denied a fair hearing and fair
trial when the trial court condemned him on illegal practices and/or
offences allegedly committed by him personally or by his agents with his