Kithende Appollinaris Kalibogha v Registered Trustees of the Diocese of Kasese (Miscellaneous Application 11 of 2024)

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.

Holding

The High Court dismissed an application for leave to appeal a ruling that had dismissed an application to adduce additional evidence in a pending civil appeal. The court held that the applicant failed to demonstrate grounds meriting serious judicial consideration. The intended grounds of appeal were redundant because the underlying civil appeal remained undetermined, and pursuing the proposed appeal would create unnecessary multiplicity of proceedings when the applicant could simply pursue the original appeal.

Outcome

Application for leave to appeal dismissed with costs to the respondent

Facts

The applicant sought leave to appeal a ruling delivered on 10 December 2020 in Miscellaneous Application No. 51 of 2020, which had dismissed his application to adduce additional evidence in Civil Appeal No. 3 of 2020. The applicant filed a notice of appeal but required leave of court to proceed. The respondent opposed the application, arguing that the applicant had an absolute right of appeal and that the application was unnecessary. The application was received on 22 February 2021, sealed on 3 March 2021, but remained dormant until counsel's first appearance on 24 May 2024, resulting in a delay of over three years in prosecution.

Issues

1. Whether the applicant demonstrated grounds of appeal meriting serious judicial consideration to warrant grant of leave to appeal
2. Whether the applicant had an absolute right of appeal from the ruling in Miscellaneous Application No. 51 of 2020
3. Whether the intended grounds of appeal were redundant given that Civil Appeal No. 3 of 2020 remained undetermined

Orders

• Application dismissed.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Act s.98
• Civil Procedure Rules Order 44 Rule 1(2)
• Civil Procedure Rules Order 44 Rule 1(3)
• Civil Procedure Rules Order 44 Rule 1(4)
• Civil Procedure Rules Order 43 Rule 22(1)(b)

Cases cited (2)

• Sango Bay Estates Ltd & Others v Dresdner Bank [1971] EA
• Humphrey Nzeyi v Bank of Uganda and the Attorney General of Uganda (Constitutional Application No. 01 of 2013)

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