which are or have been in his or her possession or power relating to any matter in
question in the SUIT”
And order 10 rule 14 of the CPR provides that;
“The court may, at anytime during the pendency of a suit, order the production by any
party to the suit, upon oath, of such documents in his or her possession or power
relating to any matter in question in the suit, as the court shall think right………”
It is an obvious fact that there is no suit pending between the parties to this application before
this court. The Notice of Motion reads that the applicant filed Misc. Cause No. 2 of 2015 in the
Supreme Court challenging the appointment of Justice Steven Kavuma as Deputy Chief Justice.
That cause is not in this court since this court is not a Supreme Court. The suit is pending
determination by the Supreme Court and obviously this court has no concurrent jurisdiction with
the Supreme Court. The suit envisaged under the law is not the present Misc. Cause as learned
counsel for the applicant wants this court to believe. It must be a different suit with a clear cause
of action with issues to be resolved by this court between the parties and not an interlocutory
application like the instant one.
This is the correct position of the law and I do not agree with the submission by Prof.
Kanyeihamba that the law in this regard is outdated in view of the provisions referred to in the
Constitution. Whereas the Constitution is the supreme law of the land several of its provisions
are operationalized by other legislation enacted by parliament. For example, whereas Article 41
of the Constitution prescribes the right of access to information it is the enabling law which
provides for the manner in which information should be released. Organized societies must have
such process, otherwise anarchy would prevail.
As rightly submitted by Mrs Rwakoojo, the exercise of judicial power under Article 126 (1) of
the Constitution is supposed to be done in conformity with the law. Whereas the Constitution is
the mother of all laws, it usually refers and directs the citizens to the substantive laws. For
example Article 126 (1) provides;
8
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