IN THE REPUBLIC OF UGANDA
AT MENGO
(CORAM: ODOKI Ag D.C.J., ODER, J.S.C., & TSEKOOKO, J.S.C.,)
CIVIL APPLICATION NO.3 OF 1995
BETWEEN
THE REGISTERED TRUSTEES OF KAMAPALA INSTITUTE:::::::::::::APPLICANTS
AND
DEPARTED ASIANS PROPERTY CUSTODIAN BOARD :::::::::::::::::::RESPONDENT
(Reference from the Ruling and order of Platt, J.S.C., of the Supreme Court of Uganda
dated 29th December, 1994)
SUPREME COURT CIVIL APPLICATION NO.34 OF 1994.
RULING OF THE COURT:
The applicants have referred to the full court a decision of a single judge (Platt, J.S.C.,) on a
refence from the Registrar in his capacity as texting officer. The decision of the learned judge is
dated 29/12/1994. By it the learned judge reduced the amount of instruction fee from shs. 70m/=
to shs. 7m/=. Shs. 70m/= had been awarded as instruction for by the Registrar in his capacity as
taxing officer.
We should give the background to this reference.
The applicants are the registered trustees of the Kampala Institute which was a members club
originally for Goans in Uganda. By 1974 membership of the Club was largely Asian aand most
of the members and the Trustees left this country following the expulsion of the Asian by the
Military Regime in 1972.
The club had land in Kampala held on a 49 year lease in the name of the applicants on which
stood the club house and the recreation ground. After the expulsion of the Asians in 1972, the