[1994] UGSC 41
The court found no sufficient evidence that Justice Tsekooko could not hear the appeal impartially. However, in the interest of expediting the completion of the appeal and accommodating the appellant's concerns, and with the consent of both parties, the court allowed the appeal to be determined by a panel excluding...
Source-derived case information.
- Citation
- [1994] UGSC 41
- Parties
- Appellant: Yekoyakimu Mwima Hyabene; Respondent: The Attorney General
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal 2 of 1993
- Procedural Posture
- Civil Appeal / Pre Hearing Objection to Panel Composition
- Outcome
- Objection to Justice Tsekooko sitting on the panel allowed by consent; directions given for written submissions and reconstituted panel.
- Judges
- Odoki, JSC, Oder, JSC, Tsekooko, JSC
- Legal Topics
- Judicial Bias, Panel Composition, Recusal of Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yekoyakimu Mwima Hyabene
Appellant
The Attorney General
Respondent
Procedural Posture
Civil Appeal / Pre Hearing Objection to Panel Composition
Legal Issues
- 1 Whether Justice Tsekooko should be disqualified from hearing the appeal due to alleged bias or previous dealings with the appellant.
- 2 Whether the appellant's objection to the composition of the panel is justified.
Ratio Decidendi
The court found no sufficient evidence that Justice Tsekooko could not hear the appeal impartially. However, in the interest of expediting the completion of the appeal and accommodating the appellant's concerns, and with the consent of both parties, the court allowed the appeal to be determined by a panel excluding Justice Tsekooko. The court ordered that written submissions be filed by both parties, and the judgment would be delivered on notice. This approach balanced the need for impartiality, the appellant's apprehensions, and the efficient administration of justice.
Court Disposition
Objection to Justice Tsekooko sitting on the panel allowed by consent; directions given for written submissions and reconstituted panel.
Orders
- Appellant to file written submissions within three weeks from the date of the order.
- Respondent to file written submissions within seven days from service of appellant's submissions.
Full Case Text
Judgment text and source record
25 paragraphs
## IN THE SUPREI1E COURT OF UGANDA
## AT MXNGO
CIVIL APPEAL NO. 2 OF 1993
## BETWEEN
YEKOYAKIMU MWIMA HYABENE APPELLANT
/
o
o
VERSUS
THE ATTORNEY GENERAL RESPONDENT
## RULING OF THE COURT
When the appeal came up for hearing the appellant who appears ln person raised an objectlon agalnst Justlce Tsekooko sltting on the panel on grounds that he had previously had deallng wlth hlm ln Mbale which led hlm to behave that they were not on good terms. He therefore feared Justice Tsekooko ntght not be lnpartlal ln hearlng hls appeal.
Thls ls the second tlne the appellant has objected to a Judge of Ehis court sLttLng ln his appeal, He prevlously objected to the Deputy Chlef Justlce but we overruled his objectlon.
We are not satlsfled that Justice Tsekooko cannot hear thls appeal inpartlally. But in the lnterest of expedltlng the completlon of thls appeal, we are prepared to acconodate the appellant and have the appeal determlned by a panel excludlng Justlce Tsekooko. Thls ls belng alloved on condltion that wrltten subrnlssions be nade which shall be placed before <sup>a</sup> panel of Judges conslstln8 of Justlce oder, Justlce Platt and nyself. Both partles have agreed to this method of proceedlngs in thls appeal,
Accordlngly, by consent of the parties, lt ls ordered that the appellant flles Lrrltten subnlsslons wlthin three weeks from today and the reapondent wlthin seven days fron the date of servlce of the appellantrs subulsslons. Thereafter the JudgDent u111 be glven on notlce.
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Dated at Mengo thls 13th day of Septenber 1994
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**Balling B**
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B. J. ODOKI<br>JUSTICE OF SUPREME COURT
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JUSTICE OF SUPREME COURT
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JUSTICE OF SUPREME COURT