Court allows British High Commission to appeal in property case

The Civil Division of the High Court in Kampala has allowed the British High Commission to appeal against a decision to be sued.

On Thursday (June 1), Justice Esta Nambayo granted leave to the British High Commission through its lawyer from S&L Advocates to appeal in a case where one Epimac Kagoro sued and sought compensation over damages of his property.

Kagoro alleges that in 2016 while the workers, agents, officers and were fixing a steel grille in the storm drain on its property, it blocked his system, causing the stormy water to rise and wash away his property.

The property in dispute is situated on Lincoln Lane in Kitante, Kampala.

Justice Nambayo directed British High Commission to appeal against the decision of Justice Lydia Mugambe to determine whether the court has the jurisdiction to hear the case or not.

Nambayo’s ruling came after lawyers representing the Commission argued that the court failed to apply the test under the restrictive theory of sovereign immunity doctrine.

Court also stayed any other proceedings against British High Commission pending the outcome of the main appeal.

"This application is allowed with orders that, leave to appeal is hereby granted to the applicant to appeal against the ruling and orders of Justice Mugambe in the Government of the United Kingdom versus Epimac Kagoro,” ruled Nambayo.

While delivering the ruling, the judge stated that there is a need to have the case further reviewed to come up with a just and fair conclusion.

Court has yet to fix a date to hear the appeal.

Kagoro’s lawyers from Abbas Advocates argued that the British High Commission’s application lacks merit.

It was further stated that no sufficient grounds for appeal had been established by the applicants.
 
Lawyers submitted that the issue of immunity raised to halt the case was not valid.