{UAH} Once a party knows of a Court Order, whether null or valid, regular or irregular, he cannot be permitted to disobey it.
|
2:52 PM |
No comments |
Once a party knows of a Court Order, whether null or valid, regular or irregular, he cannot be permitted to disobey it. This is Councillor Allan Ssewanyana serving the court order to Frank Frank K Tumwebaze. Is there any more proof you need?
In the Locus Classicaus case of GEOFFREY GATETE & ANGELLA MARIA NAKIGONYA VS. WILLIAM KYOBE SCCA NO. 7 OF 2005 it was noted that: '… the word "effective (service)" means (service of) "having the desired effect; producing the intended result".' Thus the intended result is always achieved, once the defendant is aware / informed of the purpose of the Order. And once he is aware, that is sufficient.
There can be no doubt that the desired and intended result of serving the court order on the defendant's agent (Frank Tumwebaze) in the Lukwago Misc Appl was to make the defendant aware of the Orders granted against it / him so that he /it has the opportunity to adhere to the order of the court. The surest mode of achieving that result is serving the defendant in person through its presiding chair (The Minister of kampala- Frank Tumwebaze).
The Gatete case discusses both the concept of 'effective service' & 'what is deemed to be good service'. If fact, it distinguished the two issues. My interest is not on 'what is deemed to be good service' because it is not relevant in the present scenario. As long as the service is effective, who effected it, is inconsequential. What is vital is; has the intended purpose of effecting the service been achieved? That is what is of paramount consideration. That the service has been effective supersedes who effects it; and to me that's what matters the most.
Charles de Secondat Montesquieu is quoted to have once said that "We are free because we live under civil laws." "Rule of law" is one of the much said but little understood concepts in Uganda today. The difference between "rule by law" and "rule of law" is important. Under the rule "by" law, law is an instrument of the government, and the government is above the law. In contrast, under the rule "of" law, no one is above the law, not even the government.
i have heard that Justice Nyanzi Yasin has stayed the removal of Lukwago until Thursday.. may be council will sit again on Friday this time at 7am.
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
In the Locus Classicaus case of GEOFFREY GATETE & ANGELLA MARIA NAKIGONYA VS. WILLIAM KYOBE SCCA NO. 7 OF 2005 it was noted that: '… the word "effective (service)" means (service of) "having the desired effect; producing the intended result".' Thus the intended result is always achieved, once the defendant is aware / informed of the purpose of the Order. And once he is aware, that is sufficient.
There can be no doubt that the desired and intended result of serving the court order on the defendant's agent (Frank Tumwebaze) in the Lukwago Misc Appl was to make the defendant aware of the Orders granted against it / him so that he /it has the opportunity to adhere to the order of the court. The surest mode of achieving that result is serving the defendant in person through its presiding chair (The Minister of kampala- Frank Tumwebaze).
The Gatete case discusses both the concept of 'effective service' & 'what is deemed to be good service'. If fact, it distinguished the two issues. My interest is not on 'what is deemed to be good service' because it is not relevant in the present scenario. As long as the service is effective, who effected it, is inconsequential. What is vital is; has the intended purpose of effecting the service been achieved? That is what is of paramount consideration. That the service has been effective supersedes who effects it; and to me that's what matters the most.
Charles de Secondat Montesquieu is quoted to have once said that "We are free because we live under civil laws." "Rule of law" is one of the much said but little understood concepts in Uganda today. The difference between "rule by law" and "rule of law" is important. Under the rule "by" law, law is an instrument of the government, and the government is above the law. In contrast, under the rule "of" law, no one is above the law, not even the government.
i have heard that Justice Nyanzi Yasin has stayed the removal of Lukwago until Thursday.. may be council will sit again on Friday this time at 7am.
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
0 comments:
Post a Comment