Uganda Muslim Supreme Council v The Board of Governors Rwenzori Islamic Institute (Civil Appeal No 96 of 2014)
The full judgment
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Holding
The Court of Appeal struck out the appeal because it was brought against a High Court order on an application for security for costs that was not appealable as of right. The appellant had failed to seek and obtain the mandatory leave to appeal, either at the High Court or before the Court of Appeal. Counsel conceded the order was not appealable as of right and that no leave had been sought. The appeal was accordingly struck out with costs to the respondent.
Facts
The appellant, Uganda Muslim Supreme Council, appealed against a High Court order arising from an application for security for costs. When the appeal came up for hearing, the Court raised the question of whether the order was appealable as of right. Counsel for the appellant conceded that it was not appealable as of right. The Court inquired whether leave to appeal had been sought and obtained from the High Court. Appellant's counsel, who was freshly instructed in the matter, was unable to point to any order granting leave, and the Court found no such leave on the file, nor had any leave been sought before the Court of Appeal.
Issues
- Whether the order appealed against was appealable as of right or required leave to appeal.
- Whether the appeal should be struck out for failure to obtain leave to appeal.
Orders
- The appeal is struck out.
- The appellant shall pay the costs of this appeal to the respondent.
Key headnotes
Legislation cited (1)
- Civil Procedure Rules r.44