Wakilii

Joswa Mukalazi and Another v Yvonne Properties Ltd and Odoy Job Henry (Miscellaneous Application 2190 of 2025)

High Court · [2026] UGCOMMC 38 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time from judgment entered in summary suit
Decision
Application dismissed as premature

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 an application for leave to appeal out of time is premature where the underlying order is not appealable as of right under Order 44 Rule 1(1) of the Civil Procedure Rules. The applicants must first obtain leave to appeal the order itself before seeking leave to file such appeal out of time. The application was dismissed as premature.

Outcome

Application dismissed as premature

Facts

The applicants were sued by the respondents for recovery of money under summary procedure in Civil Suit No. 221 of 2018. The applicants filed an application for leave to appear and defend the suit, which was dismissed, and judgment was entered in favour of the respondents. The applicants then filed an application for review, which was also dismissed. The applicants subsequently brought this application seeking leave to appeal out of time against the order dismissing their application for leave to appear and defend.

Issues

  1. Whether the applicants can seek leave to file an appeal out of time before being granted leave to file an appeal against the order of court.

Orders

  • Application dismissed as premature.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal — Premature Application
An application for leave to file an appeal out of time is premature where the order sought to be appealed is not appealable as of right under Order 44 Rule 1(1) of the Civil Procedure Rules and the applicant has not first obtained leave to appeal the order itself.
Civil Procedure — Appeals — Leave to Appeal — Statutory Requirement
The right of appeal is a creature of statute and must be expressly given by statute. Where an order is not listed under Order 44 Rule 1(1) of the Civil Procedure Rules as appealable as of right, an appellant is required to seek leave to appeal under Order 44 Rule 1(2).

Legislation cited (2)

Cases cited (2)

  • Attorney General v Shah [1971] EA 50
  • Ntambara John v Rukiga SACCO (Civil Appeal No. 15 of 2022)

Full judgment

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

Joswa Mukalazi and Another v Yvonne Properties Ltd and Odoy Job Henry (Miscellaneous Application 2190 of 2025) [2026] UGCommC 38 (20 January 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.