[2021] UGCA 226

# THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL AT KAMPALA CIVIL APPEAL NO.49 OF 2013

*(Arising from the Ruling of the High Court (Civil Division) in Civil Suit No.313 of 2011 dated* 15^th November 2012 delivered by the Hon. Mr. Justice Benjamin Kabiito)


KAMPALA CAPITAL CITY AUTHORITY::::::::::::::::::::::::::::::::::::

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CORAM:

HON. MR. JUSTICE GEOFFREY KIRYABWIRE, I. A.

HON. LADY JUSTICE ELIZABETH MUSOKE, J. A.

HON. LADY JUSTICE IRENE MULYAGONJA, J. A.

JUDGMENT OF HON. MR. JUSTICE GEOFFREY KIRYABWIRE, J. A.


## Intrccluction

This is a first Appeal from the Ruling of the High Court (Civil Divisio'J delivered on L8th March, 201.3 bythe Hon. Mr. Justice Benjamin Kabiito [as he then was) where he found in favour of the Respondent. The Appellants were dissatisfied, hence this Appeal.

## Background

The Appellants were employed as members of the Kampala Local Government Public Accounts Committee on 25th March, 2009 for a five-year periocl. In March, 20LL the Appellants were dischargecl from their duties following the enactment of the Kampala Capital City Act, 201,0. The Town Clerk of the Kampala City Council Authority asked the Appellants to hand over their instruments of office and the Appellants subsequently handed over office to the Executive Director, Kampala City Authority in the year 2011.. The Appellants then sued the Respondent for breach of contract of employment, wrongful dismissal and sought payment of unpaid arrears, interest and costs of the suit.

At the hearing, the Respondent raised a preliminary objection wherein they argued that the Appellants' contracts were discharged by frustration by operation of law. This preliminary objection was upheld by the trial court. The Appellants being dissatisfied with this Ruling lodged this Appeal.

## GROUNDS OF APPEAL

1. The trial |udge erred in law and fact by holding that the Appellants employment contracts had been brought to an end as a result of


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frustration by operation of law occasioned by the enactment of the Kampala Capital City Act 2010.

2. The trial Judge erred in law and fact by failing to properly evaluate evidence clearly showing that the Appellants contracts of employment having been operationalized under the Local Government Act, the Appellants were still entitled to remedies under the new Kampala Capital City Act, thereby coming to a wrong decision that the Appellants' Employment Contracts had been brought to an end on enactment of the Kampala Capital City Act 2010.

The following issues from the grounds were then formulated by the parties for determination by this Court:

- 1. Whether the trial Judge erred in law and fact by holding that the Appellants' contracts were discharged by frustration as a result of operation of law. - 2. Whether the trial Judge erred in law and fact by failing to properly evaluate the evidence clearly showing that the Appellants, contracts having been operationalized under the Local Government Act, the Appellants were entitled to remedies under the Kampala Capital City Act thereby coming to a wrong decision that the Appellants' employment contracts had been brought to an end an enactment of the Kampala Capital City Act, 2010.

#### REPRESENTATIONS

The Appellants were represented by Mr. Fred Makada while counsel for the

Respondent was absent. 25 $3$ | Page


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## DUTY OF THE COURT

This is a first Appeal and this Court is by law charged with the duty of reappraising the evidence and drawing inferences of fact as provided for under Rule 30(1) (a) of the Judicature (Court of Appeal Rules) Directions SI 13-10. This court also has to caution itself that it has not seen the witnesses who gave testimony first hand. Based on its evaluation this court must decide whether to support the decision of the High Court or not as decided in Pandya v R [1957] EA 336 and Kifamunte Henry v Uganda Supreme Court Criminal Appeal No.10 of 1997.

Counsel for the Appellant submitted that he would argue issue one and two 10 together.

**Issues 1 and 2: whether the trial Judge erred in law and fact by holding** that the Appellants' contracts were discharged by frustration as a result of operation of law.

And 15

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Whether the trial Judge erred in law and fact by failing to properly evaluate the evidence clearly showing that the Appellants, contracts of employment having been operationalized under the Local Government Act, the Appellants were entitled to remedies under the Kampala Capital City Act thereby coming to a wrong decision that the Appellants' employment contracts had been brought to an end an enactment of the Kampala Capital City Act, 2010.


# Appellant's Submissions

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Counsel for the Appellant submitted that the trial Judge did not evaluate the evidence properly. He submitted that the trial Judge erred in finding that the Appellants' employment contracts had been brought to an end as a result of frustration by operation of law by reason of the enactment of the Kampala Capital City Act 2010.

Counsel for the Appellant argued that the Respondent could not benefit from the doctrine of frustration because the action of terminating the Appellants' contract of service on account of changing of law was not dictated by frustration.

He argued that the functions and offices of the Appellants as members of the Public Accounts Committee were not extinguished but transferred from the old entity to the new entity. Counsel for the Appellant submitted that whereas section 58(1) of the Act provided changes in appointment procedure, the Act nonetheless preserved the Public Accounts Committee. He submitted that section 85 (1) of the KCCA Act also provided for transitory arrangements.

Counsel for the Appellant argued that for the doctrine of frustration to operate it must be established that an event had occurred which was of a character and extent so sweeping as to cause the foundation of the contract to disappear. He relied on the case of W. J. Tatem v Gamboa (1939) 1 KB 132 for this proposition.

It was submitted by counsel for the Appellant that in this matter such a situation causing the foundation of the contract to disappear did not exist because by the Respondent's own admission, the Public Accounts Committee


of the Responclent was preserveci even with t.he enactment of the new law. He submitted that mere changes in the procerlure of appointing mernbers of the Public Accounts Committee did justify the termination of his client's contracts.

Counsel for the Appellants submitted that there was nothing in the new law that went to the Appellant's contract of service that prevented the Appella,ts from performing their duties.

Counsel for the Appellant submitted that the trial court failed to apply the facts of the suit to the doctrine of frustration for following reasons.

First the KCCA Act did not abolish the office of the Public Accounts Committee and therefore the functions of the Appellants, secondly the Act provided transitoty arrallgeltrents that should have heen applierl to the Appellant.s, uffice, thirdly Lhe funcLions the Public Accounts Committee under Kampala City Council are the same as the functions of the Public Accounts Committee utrder the ttew law, fourthly tlte mere change in procedure of appointing the Appellants does not cause the foundation of Appellants' contract to 4isappear. 10 15

## Respondent's submissions

Counsel for the Respondent submitted that the trial Juclge properly addressed himself to the law regarding frustration of contracts and reached a right conclusion that the Appellants' employment contracts had been 4ischarged by frustration as a result of operation of law.

First, counsel for the Respondent submitted that under sectio n 3 (Z) of the new Kampala City Council Act the Capital City of was to be administered by the central Government. He submitted this ves effect to Article


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5(a) of the Constitution that provides that Kampala shall be rhe Czrpiral Ciry of uganda and shall be administered by the central Government.

Secondly, counsel for the Respondent argued that the Appellants were not appointed by the Authority nor were they recommended by the Lord Mayor in accordance with section 58[1) of the Kampala City Council Act. Furthermore, counsel for the Respondent submitted that the Appellants' positions were not saved by section 85(1J of the Kampala Capital City 201,0 that provicles that all rights, assets, liabilities and obligations of any entity existing in the Capital City Area immediately before the commencement of this act are transferred to the Authority or the corresponding entity under the Authority.

He argued that the Appellants contracts were discharged by frustration by operation of law as a result of operation of law and as such, their offices were not saved under section B5 of the Kampala Capital City Act.

He further submitted that frustration occurs if an event occurs, not reasonably foreseeable when the contract was made and not under the direct control of either party, which renders impossible further performance of the contract in the way envisaged by the parties to it. He relied on the case of Paal Wilson & Co AS vs. Partenreederei Hannah Blumenthal [1983]1ALL ER 34 for this proposition. 15

Counsel for the Respondent argued that the enactment of the Kampala Capital City Act was never envisaged by the parties at the time of entering into the contracts of employment as chairman and members of the Kampala District Local Government Public Accounts Committee. 20


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He further submitted that the enactment of the Kampala Capital City Act brought about sweeping change in Kampala and the administration of the capital city which did not spare the Appellants' contracts as the holders of the Kampala District Local Government Public Accounts Committee.

Thirdly, he submitted that the continued performance of the contract in $\mathsf{S}$ disregard of legal requirements of Section 85(1) of the Kampala Capital City Act, 2010 would amount to an illegality. He submitted that an illegality once brought to the attention of court overrides all questions of pleadings, including admissions thereon. He relied on the case of Makula International versus His Eminence Cardinal Nsubuga [1982]. 10

Counsel for the Respondent concluded his submissions by arguing that the Appellants were appointed as members of the Kampala Local Government Public Accounts Committee on 25^th March 2009 for a five year term as provided under section 88 of the Local Government Act (Cap 243) whereby appointment was by the District Executive Committee. On the other hand he argued that the new legal regime the Appellants had to be appointed by the lord mayor and approved by the responsible Minister. He argued that by reason of this difference in provisions the new Act did not preserve the appointment of the Appellants.

**Court's Findings** 20

I have had the benefit of perusing the pleadings, submissions and authorities relied upon by the parties for which I am grateful.

The facts of this case as accepted by the trial court are that the Appellants were appointed to serve as members of the Kampala District Local


Government Public Accounts Committee for a fixed term of five years effective 25^th March 2009 and expiring 30^th March 2014. The Appellants were carrying out their duties pursuant to their contractual terms of appointment based on the Local Government Act (Cap 243). In April 2011 they were stopped from carrying out their duties on grounds that their contracts were discharged by reason of frustration following the enactment of the Kampala Capital City Act 2010.

Frustration of contracts is provided for under section 66 of the Contracts Act. It reads:

- " where a contract becomes **impossible** to perform or is frustrated and where $10$ a party cannot show that the other party assumed the risk of impossibility, the parties to the contract shall be discharged from the further performance of *the contract...."* - In Davis Contractors v Fareham (1956) 1 AC 696 a test called the "Radical *Change in Obligation"* test was formulated. Here court found that frustration $15$ occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for, would render it a thing radically different from that which was undertaken by the contract. It is not a hardship or inconvenience or material loss in itself which puts the principle of 20 frustration into play. There must in addition be such a change in the significance of the obligation that the thing undertaken would, if performed, be a different thing from that which was contracted for.


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In tlre case of Howarrrl & Co (Africa) Ltd ,r Burton lLg647 EA 540 Court found that the onus of proving frustration to be on the party alleging it and if that is proved, the onus shifts upon the other party to prove that it was not self-induced.

5 Similarly, in I. K Patel vs Spear Motors Ltd Civil Appeal No.4 of 1991(Supreme Court), citing with approval Constantine Steamline Ship vs Imperial Smelting Corp(1945) ALL ER 165 House of lords it was found thaq

"lt wqs the pcrrty denying the frustrqtion to prove negligence or default on the other porty..."

I shall now review the authorities that elaborate on frustration by reason of change in law. 10

In B. Reilly v The King (1934) AC 776, The Appellant was appointed ^a member of a statutory board in Canada for a specified term of appointment and salary. During the tenure of the appointment the office was abolished by the repeal of the statute establishing the board. By petition of right the Appellant claimed damages fbr breach of contract but the Judicial Committee held that the contract was discharged because performance had become impossible by reason of the statute.

In the case of Marshall v Glanvil & Anor (1917)2 I{B 87 the defendants appointed the plaintiff as their representatives for the Midlands, North England and Scotland. He was to receive a commission of 7.5 o/o on the net amount of trade closed direct or indirect. All accounts opened by him were also to be retained by him as long as he continued to represent the defendants. It was further agreed that 20 on be made in said


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representation, th,': plaintiff.s' consenl- was to be obtained befoie relinquishing any particular accounts. 'Ihe agreement was terminable by six months' notice on either side. On July L2 the plaintiff joined the Royal Flying Corps. Four days later he would have been compelled to join the forces by virtue of the Military Service Act.

The court found that the agreement was subject to an implied term that it should cease to be binding if future performance became unlawful by virttre of the Military Service Act and therefore on July 12th their agreernent was finally determined and not merely suspended.

In W.|. Tatem Limited v Gamboa (1939) KB 132 court fbund that the doctrine of frustration only applies to contracts which have become irnpo.ssihle of fulfillment for some cau.se which was not contemplated by the contract it.self. That the doctrine .should not he applicd when it i.s po.ssihlc to hold that reasonable men could have contemplated the circumstances which in fact occurred and yet have entered into the bargain expressed in the document. 10 15

The Kampala City Council Act was enacted to change the status of Kampala in terms of identity, governance and jurisdiction among others. By implication in passing the Law, the institution was transformed in every sense including status, governance, staff structure, identity, financial management systems, staffing, accountability and setting. Uncler section 4 of the Kampala Capital City Act, 201,0, Kampala ceased to be a Local Government entity and under Section 3 (2) of the Kampala City Council Act, it became a Central Government entity administered by the Central Government. Currently, the Minister in charge of the Presiden cy is also in char of I(am la Capital City. The Act's


implementation commenced on the 1st March 2011 and implementation of the entity started in earnest.

A comparison of section 88 of the Local Government Act and section 58 of the Kampala City Council Act reveals the following.

Section 88 of the Local Government Act sets out the functions of the Local $\mathsf{S}$ Government Public Accounts Committee. It provides:

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(1) *There is established in each district, a local government public accounts committee consisting of*—

*(a) four members appointed by the district council on the recommendation of* $10$ *the district executive committee;*

(b) one member appointed—

(i) in the case of a district with more than one urban authority, by an electoral college of the urban council executive committee members in that *district; and*

(ii) in the case of a district with only one urban authority, by the urban council *on the recommendation of the urban executive committee.*

*(2) A member of the local government public accounts committee appointed* under subsection $(1)(a)$ and $(b)$ shall not be a member of a local government *council or administration.*

(3) The members of the local government public accounts committee shall elect a chairperson from among its members.


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$\cdot$ ooma at amagaab $\int$ o buijəəm $\gamma$ ap an innonb b $\cdot$ (3) Three members of the local government accounts committee shall (8) $\Gamma$

ιοσαι βονετηπείε αρλίτε από το προσία το προσία το προσία το προσία το προσία το προσία το προσία το προσία το (6) The office of the clerk to the district council shall be the secretariat to the $\theta$

conncillor or o∭cer to explain matters arising from the reports. λυυ fo əpupuətin and in relation to the reports, require the attenuate of any $\delta$ the Auditor General, chief internal auditor and reports of commissions $\langle \mathcal{L} \rangle$ $\forall$ local government accounts committee shall examine the reports

ןמא געה הפסטר אפלסרפ $P$ מרוומ $n$ פחר. the council and to the Minister responsible for local governments who shall $_{\rm S}$ ) The local government accounts committee shall similar its report to

accounts committee. clerk shall implement the recommendations of the local government public (6) The chairperson of the council and the chief administrative officer or town.

eligible for reappointment for one more term only. acconuts committee shall hold office for a period of five years and shall be met by the district council. (11) Members of a local government public $\partial$ $\partial$ $\partial$ $\partial$ $\partial$ $\partial$ $\partial$ $\partial$

соштищее. $\delta$ Removal of a member of a local government public accounts


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$-$ *spunoлб биімопо* $\int$ λεςουμωτου ολ της εχεςητίνε εσηπήτες δημοτιού με της της της της προσφαίνει της της της της της της της της της $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\frac{1}{2}$ or $\textit{chairp} \textit{etagon, may be removed from the committee by the distinct countically}$ אין שופון נוכן<br/>וקוש (נוכן ליטכנען נוכן פון עככס ניכסחונג פון און פון פענן פון פען ס<br/>רקוש (נוך פון פען פען פען פען פען פען פען פען פען פע

$\text{?}$ *(a) asnqp* (b)

(p) іисошbєєєисє:

reasons acceptable to the committee; (c) failure to attend three consecutive ordinary meetings without valid

$\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ $\mathfrak{B}$ (a) inability to perform the functions of that office arising from physical or $(p)$

$\rightarrow$ fall vacant if ון און פאפער סל מככסווענגפא וואפונטענען פאפער סלט $\mathfrak{g}$ סאפגעון עכמן $\mathfrak{g}$ סאפגער מככסווענגפ $\mathfrak{g}$ סאפגער מככסווענג

סג ( $s$ וּפּא: סג) אס (ס

local government public accounts committee. (a) $\mathcal{F}$ (3) $\mathcal{F}$ (3) $\mathcal{F}$ (3) $\mathcal{F}$ (3) $\mathcal{F}$ (3) $\mathcal{F}$ (3) $\mathcal{F}$ (4) $\mathcal{F}$ (4) $\mathcal{F}$ (4)

poliwollof belift so libra (1) and (1) snoits solve to the polity solve $\mathcal{A}$ (4) $\mathcal{A}$

נוסט אפכניסט אופכנין $\cdots$ (I)88 וו $\cdots$ (I)88 וו

Capital City Public Accounts Committee and states that: On the other hand, Section 58(1) the Kampala City Council Act provides for a


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*nester.* oh the recommendation of the lord mayor and with the approval of the $\Lambda$ τιουτιο ολιτροτιο $\Lambda$ α τραι $\Lambda$ ο τραι $\Lambda$ ο τραι $\Lambda$ ο τραι $\Lambda$ ο τραι $\Lambda$ ο τραι $\Lambda$ ο τραι $\Lambda$ $\label{thm:subsub} \text{with any} \text{ } \text{with any} \text{ } \text{ } \text{ } \text{ } \text{ } \text{ } \text{ } \text{ } \text{ } \text{ }$ ) There shall be established for the Capital City a Public Accounts Committee $\Gamma$

иәшом әд приз S) At least one-third of the members of the capital $P$ ublic accounts committee

*:-nosveq that sestim sestimmos* $\mathcal{S}$ ) A berson shall be appointed a member of the capital city $P$ ublic accounts

pup λιμβρίμι μελολά pup λεγακας εγάκας της θυσκαι εγάκας της θυσ

d) Is a certified public accountant

судільськой физича дине шәнә қарақты қарақты қарақты құрақты құрақты құрақты құрақты құрақты құрақты құрақты қ

$\mathcal{F}$ ) The members of the Capital City Public Accounts committee shall elect a

$\text{for this entry are elliptic for real} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or all} \text{or$ S) The members of the Capital City Public Accounts committee shall hold office

to builded un at any meeting of the committee. 6) Ενειγ πεθείπαι οι capital city Public accounts committee shall form a

$\cdot$ əətimmat at any meeting of the committee. ) Three members of the Capital City Public Accounts committee shall form a

*City Public Accounts Committee.* $\label{thm:subt} The \emph{which is not positive} and the \emph{which is not positive} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even} for the \emph{which is even}$


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9) 'the Capttal City Publtc Accounts Committee shall .submit its report to the authority and to the minister and shall lay the report before parliament.

10) The Capital City Publtc qccounts committee shall submit its report to the authority and to the minister and the minister shall lay the report before parliament.

11) The lord mayor and the executive Director of the division assistant director shell tmplement the recommendation of the capital city public accounts committee and the report action taken on the recommendation to persons prescribed in section 57(3).

12) The Kampala Capital City Public Accounts Committee shall have powers to recomrnentl kt police, an'est of suspects in respect irt respect of cases involving corruptton or obuse of authority of public office. 10

13) The expenses of the Capital City Public Accounts Committee will be charged on the consolidated fund..."

It is significant to note that the qualifications of joining the Public Accounts Committee of KCCA changed because in this new entity there is a requirement for the member of the committee to be a certifiecl public accountant which was not in the earlier entity. Furthermore, it is provided that at least one third of the members must be women which was not the case in the previous entity. In fact, all the members of old committee were all men. 15 20

In this matter, the trial |udge at pages 2'i. to 22 of the Record of Appeal found as follows:


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"... In light of the test provided in the foregoing authority and on the basis of *the facts of this case has frustration occurred?*

*I have perused the court record and taken note of the following:*

i) A situation has arisen in which Kampala City Council has ceased to operate by reason of K. C. C. A Act, 2010 which establishes Kampala Capital City *Authority in its place.*

ii) All five employment contracts of the Plaintiffs with Kampala City Council do not make provision for the change in status from Kampala City Council to Kampala Capital City Authority and nor was such a change envisaged in the *contract.*

iii) The old situation is that Kampala city Council was a local government under the Local Governments Act Cap 243. The Plaintiffs were appointed as members of the Kampala Local Government Public Accounts Committee under Section 88 of the Local Governments Act. The new situation is that a new law has been enacted, that is, K. C. C. A Act, 2010 to establish Kampala City Council Authority to replace K. C. C. Kampala City Council Authority is accountable to the Central Government and in Section 58(1) K. C. C. A Act a Public Accounts Committee has been established. The change in status is on account of no fault *of either party.*

iv) The new law introduces a new appointing procedure which is radically different with the involvement of the Executive Director and the Minister for Kampala Capital City Authority acting on behalf of the central government.

v) The Plaintiffs' contracts did not provide for this development and it would be unjust to hold the Defendant as bound in a matter that arises on account of


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## *change in applicable law.*

It is my finding that frustration by operation of law has occurred and as such the Plaintiffs' employment contracts have been brought to an end..."

I find it difficult to fault the reasoning and findings of the trial Judge. One cannot say that the events that transpired were self-induced by the Appellants nor can one say that there was fault on the part of the Respondent. These changes clearly resulted from the change of legal regime which cannot be attributed to the Respondent. It unfortunately changed the status of the Appellants but this could not have been foreseen by all the parties involved.

#### **Final Result**

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This Appeal fails. As to costs these would ordinarily follow the event. However given the nature of this dispute and onset of frustration by operation of law I order that each party bear their own costs.

I so Order. 15

day of Dec $\n *Pen*\n$ 2021. Dated at Kampala this

HON. MR. JUSTICE GEOFFREY KIRYABWIRE, J. A.


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## THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA CIVIL APPEAL NO. 049 OF 2013

## 1. KALUUMA KASSIM

AUGUSTINE KAYONDO

## 3. SERUNJOGI ALI

4. SERUWO CHARLES

5. WANYANA TERRY::::::: **HERMAPPELLANTS**

### VERSUS

# KAMPALA CAPITAL CITY AUTHORITY::::::::::::::::::::::::::::::::::::

(Appeal from the decision of the High Court of Uganda at Kampala (Civil Division) before Kabiito, J. dated the 15^th day of November, 2012 in Civil Suit No. 313 of 2011)

## HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA CORAM: HON. LADY JUSTICE ELIZABETH MUSOKE, JA HON. LADY JUSTICE IRENÉ MULYAGONJA, JA

## JUDGMENT OF ELIZABETH MUSOKE, JA

I have had the advantage of reading in draft the judgment of my learned brother Kiryabwire, JA. For the reasons he has given, I too, would dismiss the appeal and make the same order on costs as he has proposed.

Dated at Kampala this .................................... ... day of ...................................

> Elizabeth Musoke Justice of Appeal


#### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA AT KAMPALA *(Coram: Kiryabwire, Musoke & Mulyagonja, JJA)* CIVIL APPEAL NO. 49 OF 2013

#### **BETWEEN**

1. KALUUMA KASSIM 2. AUGUSTINE KAYONDO 3. SERUNJOGI ALI **::::::::::::::::::::::::APPELLANTS** 4. SERUWO CHARLES 5. WANYANA TERRY AND

KAMPALA CAPITAL CITY AUTHORITY ::::::::::::::::::::::::::::::::::::

#### JUDGMENT OF IRENE MULYAGONJA, JA

I have had the benefit of reading in draft the judgment of my learned brother Hon. Justice Geoffrey Kiryabwire, JA.

I agree with him that the appeal should fail with the proposed order as to costs.

Dated at Kampala this $\frac{c}{c}$ 202

Irene Muly JUSTICE OF APPEAL