Nakasinde v The Management Committee of St. Kizito Primary School & 2 Others (Civil Appeal No. 8 of 2019)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a Registrar has no powers to entertain an application for leave to appeal out of time. This power belongs to the Judge. All orders made by the Registrar in purported exercise of such jurisdiction are a nullity and of no consequence. Appeal allowed.
Outcome
All orders of the Registrar set aside as a nullity
Facts
The appellants had sought leave to appeal out of time before a Registrar. The Registrar purported to entertain and determine the application and made certain orders. The appellants appealed to the High Court challenging the orders made by the Registrar. By consent of both parties and following the guidance of the court, the matter proceeded on the jurisdictional question of whether a Registrar has the power to entertain such an application.
Issues
- Whether a Registrar has jurisdiction to entertain an application for leave to appeal out of time
Orders
- Appeal allowed.
- All orders made by the Registrar set aside as a nullity.
- Appellants awarded 50% of the costs, given that the error was largely made by the Registrar.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.