Wakilii

Hasmani v Trustee of the Property of Hussenali Dharamsi Hasmani (Civil Appeal No. 14 of 1939)

East African Court of Appeal · [1939] EACA 61 · 1939 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal to the Privy Council
Decision
Conditional leave to appeal to the Privy Council granted subject to security for costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court held that where a petitioner entitled to leave to appeal to the Privy Council as of right under Article 3(a) of the Eastern African (Appeal to Privy Council) Order in Council, 1921, intimates an intention to petition for leave to appeal in forma pauperis, the Court must nonetheless impose conditions under Article 6 requiring security for costs as if the petitioner were not a pauper. Conditional leave to appeal was granted subject to furnishing security of £400 within three months.

Outcome

Conditional leave to appeal to the Privy Council granted subject to security for costs

Facts

The applicant, Husseinali Dharamsi Hasmani, was a bankrupt whose property was under the control of a trustee. He petitioned the Court of Appeal for Eastern Africa for leave to appeal to the Privy Council. The applicant informed the Court of his intention to petition the Privy Council for leave to enter and prosecute the appeal in forma pauperis. Under Article 3(a) of the Eastern African (Appeal to Privy Council) Order in Council, 1921, the applicant was entitled to leave to appeal as of right. However, Article 6 of the same Order required that such leave be granted only upon condition of the appellant entering into good and sufficient security for the due prosecution of the appeal and payment of costs. The respondent trustee was not represented before the Court.

Issues

  1. Whether the Court should impose conditions under Article 6 of the Eastern African (Appeal to Privy Council) Order in Council, 1921, when granting leave to appeal under Article 3, notwithstanding the petitioner's stated intention to petition the Privy Council for leave to appeal in forma pauperis.

Orders

  • Conditional leave to appeal granted.
  • Security for costs in the sum of £400 to be furnished to the satisfaction of the Court within three months for the due prosecution of the appeal and the payment of the costs.
  • Conditional leave granted on the assumption that notice of the application has been given to the respondent.

Rules and key headnotes

Civil Procedure — Appeals to Privy Council — Leave to Appeal — Security for Costs
Where a petitioner entitled to leave to appeal to the Privy Council as of right under Article 3(a) of the Eastern African (Appeal to Privy Council) Order in Council, 1921, intimates an intention to petition for leave to appeal in forma pauperis, the Court granting leave under Article 3 must nonetheless impose conditions under Article 6 requiring security for costs as if the petitioner were not a pauper.
Civil Procedure — Appeals to Privy Council — In Forma Pauperis — Procedure
The intimation by an applicant of an intention to petition the Privy Council for leave to appeal in forma pauperis does not relieve the Court of Appeal from its obligation to impose conditions for security under Article 6 of the Eastern African (Appeal to Privy Council) Order in Council, 1921, when granting conditional leave to appeal.

Legislation cited (3)

  • Eastern African (Appeal to Privy Council) Order in Council, 1921, Article 3
  • Eastern African (Appeal to Privy Council) Order in Council, 1921, Article 3(a)
  • Eastern African (Appeal to Privy Council) Order in Council, 1921, Article 6

Cases cited (1)

  • Jafferali Bhaloo Lakha and two others v Standard Bank of South Africa, Limited (Civil Appeal No. 7 of 1925)

Full judgment

↓ Download PDF

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

Hasmani v Trustee of the Property of Hussenali Dharamsi Hasmani (Civil Appeal No. 14 of 1939) [1939] EACA 61 (1 January 1939)
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.