This ruling seeks to address the preliminary objections raised by the 1st, 2ndand 3rd defendants herein inviting this Court to strike out plaintiff’s suitrelying on two grounds going thus:1.
1. That, the suit is incompetent before the Court as it has been filed contrary to Rule 3 and part (a) and (g) of the schedule made thereto of the Interpretation of Laws (Use of English Language in Courts)(Circumstances and conditions) Rules 2022, G.N. 66 of 2022.22.
2. That, the Plaintiff having been awarded compensation in EconomicCriminal Case No. 3 of 2019, Republic Versus George Japhet Kiboko and Another cannot in law maintain this action forcompensation in respect of the same subject matter.
what is a preliminary objection?
"A preliminary objection must be free from facts calling for proof or requiring evidence to be adduced for its verification. Where a court needs to investigate such facts, such an issue cannot be raised as a preliminary objection on a point of law. The court must, therefore, insist on the adoption of the proper procedure for entertaining applications for preliminary objections. It will treat as a preliminary objection only those points that are pure law, unstained by facts or evidence, especially disputed points of fact or evidence. The objector should not condescend to the affidavits or other documents accompanying the pleadings to support the objection such as exhibits."
The Court has carefully read and considered this Preliminary Objections together with the rival written submissions and renders itself as follows, that a Preliminary Objection was described in the
Mukisa Biscuits Manufacturing Co. Ltd... Vs... West End Distributors Ltd!969) EA 696 to mean.-
"So far as I am aware, a Preliminary Objection consists of a point of law which has been pleaded, or which arises by clear implication out of pleadings, and which if argued as a preliminary point may dispose of the suit. Examples are an objection to the jurisdiction of the court or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration".
Further Sir Charles Nebbold, JA stated that:-
"A Preliminary Objection is in the nature of what used to be ademurrer. It raises a pure point of law which is argued on the assumption that all the facts pleaded by the other side are correct. It cannot be raised if any fact had to be ascertained or if what is sought is the exercise of judicial discretion. The improper raising of points by way of Preliminary Objection does not nothing but unnecessarily increase costs and, on occasion, confuse the issue. The improper practice should stop".
1. That, the suit is incompetent before the Court as it has been filed contrary to Rule 3 and part (a) and (g) of the schedule made thereto of the Interpretation of Laws (Use of English Language in Courts)(Circumstances and conditions) Rules 2022, G.N. 66 of 2022.22.
2. That, the Plaintiff having been awarded compensation in EconomicCriminal Case No. 3 of 2019, Republic Versus George Japhet Kiboko and Another cannot in law maintain this action forcompensation in respect of the same subject matter.
what is a preliminary objection?
"A preliminary objection must be free from facts calling for proof or requiring evidence to be adduced for its verification. Where a court needs to investigate such facts, such an issue cannot be raised as a preliminary objection on a point of law. The court must, therefore, insist on the adoption of the proper procedure for entertaining applications for preliminary objections. It will treat as a preliminary objection only those points that are pure law, unstained by facts or evidence, especially disputed points of fact or evidence. The objector should not condescend to the affidavits or other documents accompanying the pleadings to support the objection such as exhibits."
The Court has carefully read and considered this Preliminary Objections together with the rival written submissions and renders itself as follows, that a Preliminary Objection was described in the
Mukisa Biscuits Manufacturing Co. Ltd... Vs... West End Distributors Ltd!969) EA 696 to mean.-
"So far as I am aware, a Preliminary Objection consists of a point of law which has been pleaded, or which arises by clear implication out of pleadings, and which if argued as a preliminary point may dispose of the suit. Examples are an objection to the jurisdiction of the court or a plea of limitation, or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration".
Further Sir Charles Nebbold, JA stated that:-
"A Preliminary Objection is in the nature of what used to be ademurrer. It raises a pure point of law which is argued on the assumption that all the facts pleaded by the other side are correct. It cannot be raised if any fact had to be ascertained or if what is sought is the exercise of judicial discretion. The improper raising of points by way of Preliminary Objection does not nothing but unnecessarily increase costs and, on occasion, confuse the issue. The improper practice should stop".
