Numa Mubi Akulamusa v Friends Estates Lts & Anor (Civil Applic No. 241 of 2011)

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 Court of Appeal granted leave to appeal from the High Court's dismissal of objector proceedings. Applying the test in Sango Bay Estates, the court held that leave to appeal will normally be granted where prima facie it appears that there are grounds of appeal which merit serious consideration. The court found that the High Court's findings and orders had far reaching consequences, going as far as determining ownership of property and involving multiple parties not party to the original suit, thereby establishing prima facie grounds requiring serious consideration.

Outcome

Leave to appeal granted; applicant to file appeal within 30 days

Facts

The applicant filed High Court Miscellaneous Application No. 435 of 2007 seeking release of property comprised in Leasehold Register 140 Folio 8 Plot 1 Rubaga Road from attachment and execution. The application arose from execution proceedings in Commercial Division Civil Suit No. 435 of 2003, to which the applicant was not a party. An order for vacant possession had been issued against persons not in possession; the applicant claimed to be in possession. The objector application was heard by Justice Kiryabwire who dismissed it after making findings including allegations of fraud and determining ownership of the property. The learned judge also rejected an oral application for leave to appeal made after his ruling. The applicant then filed this substantive application for leave to appeal to the Court of Appeal under Rule 40(2)(b) of the Court of Appeal Rules.

Issues

1. Whether prima facie there exist grounds of appeal that merit serious consideration by the Court of Appeal.

Orders

• Application against the 2nd respondent withdrawn with leave of court.
• No order as to costs for withdrawal against 2nd respondent.
• Leave to appeal granted to the applicant.
• Applicant shall file the appeal within 30 days from date of ruling.
• Costs of this application to abide the result of the intended appeal.

Rules and key headnotes

Legislation cited (5)

• Court of Appeal Rules r.40(2)(b)
• Civil Procedure Rules Order 22 Rules 55
• Civil Procedure Rules Order 22 Rules 56
• Civil Procedure Rules Order 22 Rules 57
• Civil Procedure Rules Order 22 Rules 52(1)

Cases cited (2)

• Sango Bay Estates and Others v Dresner Bank A.G. [1971] EA 17
• G.M Combined (U) Ltd v A.K Detergents (U) Ltd (Supreme Court Civil Appeal No. 23 of 1994)

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