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According to the Blacks Law Dictionary 9th Edn. The word original means existing at the beginning of a particular period, process or activity. It therefore follows that S. I am not convinced by the submissions of Counsel for the appellant therefore to the effect that when the High Court was dealing with the application it was exercising its original jurisdiction and its decision after the Court of Appeal is appealable to the Supreme Court under S. I find the authority relied on by Counsel for the Appellant. Mohammed Mohammed Hamid v. Roko Supra not applicable because it has totally different facts and the appellants Counsel cited it out of context.

Most important as far as Mohammed Mohammed Hamid case is concerned the Supreme Court had this to say:. Lule asked us to hear arguments on the issue of illegality and then decide the appeal. While that appear to be a possible quick mode of disposal of this litigation, with respect we do not think it is proper Then the Court continued the proper procedure is to allow the appeal set aside the order of the Court of Appeal and return the mater to the Court of Appeal for that Court to constitute a suitable different Coram to hear and decide the appeal in accordance with the established procedures.

In that case, the issue was that one Justice who was not a member of the Coram which heard the case signed thejudgment among other others. The Supreme Court further emphasised the importance of Article 28 of the Constitution which provides for the Right to a fair hearing. In my view the substance of the appeal was not considered because of the failure by the Court of Appeal to follow the procedure. Celtel U Ltd unreported supra. He argued that this meant that the appellant has a right of appeal to the Court of Appeal and Supreme Court. I am unable to accept that submission. This instant case was in respect of Arbitral award under the ACA. So that authority also could not be useful.

Before I take leave of this matter I am obliged to comment on the effect of S. Upon careful perusal of S. There is no evidence by the appellant or respondent that there was any question of law agreed upon to bring the dispute in the ambit of Section 38 of ACA. The appellant have no automatic right of Appeal to Supreme Court. The objection is accordingly upheld. By upholding the objection it would logically follow that the appeal falls by the way side or dismissed since there was actually no appeal in law before this Court. However, for purpose of completion I am convinced that it will be fair and just to dispose of the grounds of appeal nevertheless.

It was to the effect that the Court of Appeal erred in law in holding that the right of appeal created under section 66 of the Civil Procedure Act does not extend to decisions of the High Court under Section 34 of the ACA. I had the liberty to read the judgment of the Court of Appeal, the proceedings and submissions of both Counsels. I did not find anywhere in the evidence of the appellant including the authorities or submission to the effect that an automatic right of appeal was available for the appellant to appeal to the Supreme Court. Denis Birejje v. The cases were dealing with statutory provisions which had no connection with ACA.

The instant case proceedings are governed by the ACA as a specific law. The above cases decisions recognised the general right of appeal created by Section 66 of the CPA. The instant case the right of appeal was specifically barred by S. The intervention is provided for ACA by S. But as I have stated above S. The appellant could not invoke the general provisions of the CPA when there is a specific law which governed the proceedings of the case. This ground would fail. It was to the effect that the learned Justices of the Court of Appeal erred in law in relying on Mr. That therefore it was an error for the learned justices to refer to it, because it influenced the decisions though in the passage quoted nothing was said about appeals.

With due respect to learned Counsel for the appellant my view is that it is important to always to know the background to the law with the objective of ascertaining why a particular law was put in place. In the long title of ACA. It states An Act to amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards to define the law relating of conciliation of disputes and to make other provision relating to the foregoing.

Except as otherwise provided in any particular case, the provisions of this Act shall apply to domestic arbitration and international arbitration. In my view whether the Report was put in evidence or not it is a fact apparently not disputed that Legal Notice No 3 of Commission of Inquiry on Judicial Reform was issued by Government which culminated in the Report. There are two grounds of the reference and read as follows: 1.

The amount. Byamugisha filed conferencing notes and his legal arguments which he adopted during the hearing in addition to his brief reply to Mr. The complaint on the 1st ground was that the taxing officer had exaggerated the considerations on which she based the award of shs. Byamugisha argued that given the value of the subject matter which was only shs. In support of his arguments, he relied on several authorities including Supreme Court Application No. Kengrow Industries Ltd. With regard to the second ground it was the contention of Dr.

Byamugisha that the taxing officer should not have allowed Vat. Vat is not fees and in the instant case there were no disbursements. Counsel relied on paragraph 4 of the 3rd schedule of the Court of Appeal Rules which reads as follows:. To Dr. Byamugisha the reasoning for the Vat allowed was wrong because no Vat was paid. In any case even if it had been proved it was calculated on a wrong figure. The taxing officer should have reduced it simultaneously with the instruction fee. If she had exercised her discretion judiciously she would have awarded an instruction fee of shs. On that figure the correct amount of Vat should have been 1. The total fees would have amounted to shs.

He, therefore, prayed that the total award be reduced to that figure. He also prayed for costs because counsel for the respondent brought about this situation by claiming excessive fees of shs. In his reply and legal arguments to Dr. Shonubi disagreed with Dr. On the first ground, counsel pointed out that the taxing officer was alive to her task. She exercised her discretion judiciously which enabled her to reach the correct figure. She could not be faulted on her awards because she based them on circumstances or factors of this case which included the subject matter, the nature, importance and others.

Further, advocates have to be well motivated to attract young people into the profession. In any case counsel argued that Dr. Byamugisha was estopped to pursue the claim for his client in this case, because he had already settled it. On the issue of payment of Vat, counsel replied that the law governing payment of Vat has been settled. Shonubi Musoke produced a certificate of registration under the Vat Law.

He was entitled to claim it. However, he conceded that the assistant registrar should have also reduced the Vat together with the instruction fee. He, hence, agreed to recalculation of the accurate Vat given the taxed off sums. Apart from that concession, counsel asked this Court to dismiss the rest of the claim. It meant a lot to have someone speak for me and the outcome of the case was better than I expected.

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