Wakilii

Cyril Grace Bwambale v Phillip Rwabogo (Miscellaneous Application 117 of 2023)

High Court · [2024] UGHC 114 · 2024 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time against a ruling dismissing an earlier application for leave to appeal out of time
Decision
Application struck out as incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where the High Court has refused leave to appeal out of time, the proper remedy is to file a fresh application for leave in the Court of Appeal, not to seek leave from the High Court to appeal its refusal. An application seeking leave to appeal a discretionary order refusing leave to appeal is incompetent. The application was struck out with costs.

Outcome

Application struck out as incompetent

Facts

The applicant had filed Miscellaneous Application No. 52 of 2023 seeking an order for extension of time within which to appeal a judgment delivered 14 years earlier. That application was dismissed by the High Court on 24 October 2023. The applicant then filed the current application seeking leave to appeal out of time against the ruling dismissing his first application. The applicant blamed his former lawyers for filing a notice of appeal out of time and abandoning instructions. The respondent opposed, arguing the application was brought to frustrate execution and that the High Court lacked jurisdiction to validate the notice of appeal.

Issues

  1. Whether this application is proper before this Court.
  2. Whether the applicant has demonstrated sufficient cause warranting grant of leave to appeal out of time.
  3. What remedies are available in the circumstances?

Orders

  • Miscellaneous Application No. 117 of 2023 is struck out for being incompetent and bad at law.
  • Costs awarded to the Respondent.

Rules and key headnotes

Appeals — Leave to Appeal — Refusal by High Court — Proper Remedy
Where the High Court has refused leave to appeal on a proper application, the proper remedy is to file a fresh application for leave in the appellate court, not to seek leave from the High Court to appeal its refusal.
Appeals — Discretionary Orders — Right of Appeal
The law does not envisage an appeal against a discretionary order refusing leave to appeal.
Right to Appeal — Statutory Nature — Leave Requirements
The right to appeal is a statutory one. Some appeals lie to the appellate court as of right and some with leave of the trial court. Where the trial court rejects the application for leave, the application is lodged in the appellate court.

Legislation cited (5)

Cases cited (5)

  • GM Combained v AK Detergents (Supreme Court Civil Application No. 23 of 1994)
  • Charles Sempewo & 43 Others v Silver Springs Hotel Ltd (Court of Appeal Civil Appeal No. 103 of 2003)
  • Hon. Kato Lubwama Paul v Buwembo Habib (Court of Appeal Election Application No. 02 of 2017)
  • Sango Bay Ltd
  • Muhamed Moti v Chanchalbai [1915-1916] 6 KLR 2

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Cyril Grace Bwambale v Phillip Rwabogo (Miscellaneous Application 117 of 2023) [2024] UGHC 114 (25 March 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.