Wakilii

Financial Access Commerce & Trade Services (U) Ltd v Mutumba Ronald (Miscellaneous Application No. 1187 of 2024)

High Court · [2026] UGHCCD 41 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal to the Court of Appeal against a High Court ruling in insolvency proceedings
Decision
Applicant granted leave to appeal to the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the applicant leave to appeal to the Court of Appeal against a ruling in insolvency proceedings. The Court found that the intended appeal raised fundamental points of law warranting serious judicial consideration, specifically whether the trial judge misapplied settled principles relating to assignment and secured creditor rights under the Insolvency Act. The applicant had not been guilty of dilatory conduct, having filed the application within 14 days of the ruling and promptly lodged the Notice of Appeal. The grant of leave was necessary to protect the applicant's right of appeal and to attain the ends of justice.

Outcome

Applicant granted leave to appeal to the Court of Appeal

Facts

The applicant, Financial Access Commerce & Trade Services (U) Ltd, sought leave to appeal against a High Court ruling in Miscellaneous Application No. 0088 of 2023, which arose from Company Cause No. 35 of 2021 concerning the administration of Escort Pharmaceuticals Limited. In the underlying application, the respondent, as Administrator, had sought directions on whether the applicant should be treated as a secured or unsecured creditor under the Insolvency Act and whether it could continue collecting receivables under a Supply Chain Finance Credit Facility Agreement while participating in the administration. The Court had reviewed the relevant agreements and concluded that by participating in and benefitting under the Administration Deed and Deed of Settlement, the applicant was bound by them and was ordered to surrender UGX 364,000,000. The applicant filed the present application on 14 November 2024, 14 days after the ruling was delivered on 31 October 2024. The respondent opposed the application, contending that the applicant was using it as a delaying tactic and had not diligently pursued the application after filing.

Issues

  1. Whether the applicant should be granted leave to appeal to the Court of Appeal against the High Court's ruling in Miscellaneous Application No. 0088 of 2023.
  2. Whether the intended appeal has a reasonable chance of success or raises arguable grounds of appeal.
  3. Whether the applicant has been guilty of dilatory conduct.

Orders

  • Application allowed.
  • Applicant granted leave to appeal to the Court of Appeal against the High Court's ruling in High Court Miscellaneous Application No. 0088 of 2023.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal — Test for Granting Leave
Leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration, the intended appeal has a reasonable chance of success or the applicant has arguable grounds of appeal, and the applicant has not been guilty of dilatory conduct.
Civil Procedure — Appeals — Right of Appeal — Statutory Creature
The right of appeal is a creature of statute and must be given expressly by statute. Where no such right is conferred as of right, the party must first obtain leave of court to appeal. An order made under Section 173(1) of the Insolvency Act and Regulations 203(1) and 204 of the Insolvency Regulations 2013 is not one from which an appeal lies as of right under Section 76 of the Civil Procedure Act.
Civil Procedure — Appeals — Dilatory Conduct — Prompt Action
An applicant is not guilty of dilatory conduct where the application for leave to appeal is filed within 14 days of the ruling, the Notice of Appeal and request for the record are lodged within the prescribed time, and there is no evidence of delay in following due process.

Legislation cited (9)

Cases cited (6)

  • Southern Union Insurance Brokers Ltd & 3 Others v Niko Insurance (U) Limited (Miscellaneous Application No. 568 of 2022)
  • Kayaga v Waligo (Court of Appeal Miscellaneous Application No. 80 of 2012)
  • Baku Raphael v Attorney General (Supreme Court Civil Appeal No. 1 of 2005)
  • Attorney General v Shah (No. 4) [1971] EA 50
  • Sango Bay Estate v Dresdner Bank & Attorney General [1971] EA 17
  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Court of Appeal Civil Application No. 16 of 1996)

Full judgment

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

Financial Access Commerce & Trade Services (U) Ltd v Mutumba Ronald (Miscellaneous Application No. 1187 of 2024) [2026] UGHCCD 41 (24 February 2026)
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.