[1997] UGHCCRD 1

[1997] UGHCCRD 1

The court found that the Advocates Act, 1970 provides a comprehensive regime for the discipline of advocates, including the immediate commencement of suspension upon order by the Disciplinary Committee. The Act does not empower the High Court to stay the execution of such a sentence pending appeal, except where the...

Source-derived case information.

Citation
[1997] UGHCCRD 1
Parties
Applicant: John Kaggwa; Respondent: J. B. M. Balikuddembe
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
22 October 1997
Case Number
Criminal Application No.896/96
Procedural Posture
Stay Application / Ruling
Outcome
application dismissed with costs
Judges
Sebutinde, J
Legal Topics
Disciplinary Committee Proceedings, Advocate Suspension, Stay of Execution, Procedural Jurisdiction
Source Language
english
Civil Procedure Administrative Law Disciplinary Committee Proceedings Advocate Suspension Stay of Execution Procedural Jurisdiction

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Parties

John Kaggwa

Applicant

J. B. M. Balikuddembe

Respondent

Procedural Posture

Stay Application / Ruling

Legal Issues

  1. 1 Whether the application for stay of execution of sentence is properly before the court.
  2. 2 Whether the Applicant is entitled to the remedies prayed for.

Ratio Decidendi

The court found that the Advocates Act, 1970 provides a comprehensive regime for the discipline of advocates, including the immediate commencement of suspension upon order by the Disciplinary Committee. The Act does not empower the High Court to stay the execution of such a sentence pending appeal, except where the period of suspension lapses before the appeal is heard. The application was therefore misconceived and improperly before the court, as there is no legal basis for the court to interfere with a lawful order of the Disciplinary Committee outside the express provisions of the Act. The court dismissed the application for lack of jurisdiction and authority under the relevant...

Court Disposition

application dismissed with costs

Orders

  • The application for stay of execution of sentence is dismissed.
  • Applicant to pay costs of the application.