LDC #HC/LDC/45047/LA

LEGAL ALERTS

NORAH OWARAGA VERSUS SILVER ADOWA OWARAGA AND 4 ORS

HIGH COURT MISCELLANEOUS APPEAL NO. 340 OF 2022
Judgment by Margaret Apiny, J on May 04, 2023.

A judicial officer should study the proceedings before him or

her to enable him or her to formulate an opinion on whether
it will be necessary to have a locus visit.

Failure of the trial court to administer oath during locus in

quo proceedings is irregular and renders such proceedings a
nullity.

“…Whereas in the wisdom of the learned Deputy Registrar, the case

before him was one that required a locus visit to be conducted prior
to delivery of the ruling, in the considered opinion of this court, the
decision by the learned Deputy Registrar to conduct the locus in
quo after parties had filed their submissions was appalling to say
the least, more so where the matter was reserved for a ruling as
indicated on the record of proceedings. In my view, a judicial officer
should study the proceedings before him or her to enable him or
her to formulate an opinion on whether it will be necessary to have
a locus visit or not as opposed to informing parties that a locus will
be conducted on the day parties appear to receive the ruling as the
case in the matter before me. My careful examination of the lower
court’s record of proceedings at the locus confirms that the
respective witnesses proceeded with their testimonies without any
oath being administered to them, which in my opinion was irregular
and therefore renders the proceedings at the locus to have been a
nullity. As such, it was improper to use the locus proceedings as a
basis of any finding on the part of the court. It follows that this issue
is resolved in favour of the Appellant/Applicant....”

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