Nunami Mubi Akulamusa v Friends Estate Ltd & Anor (Civil Applic No. 241 of 2011)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that leave to appeal from an order in civil proceedings will normally be granted where, prima facie, there appear to be grounds of appeal that merit serious consideration. The court is not required to inquire into the merits of the case, only to assess whether arguable grounds exist. Finding that the trial Judge's findings and orders had far-reaching consequences—determining ownership of the suit property and involving multiple parties, some of whom were not parties to the original suit—the Court was satisfied that prima facie grounds of appeal existed. Leave to appeal was accordingly granted, with the applicant directed to file the appeal within 30 days.

Outcome

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

Facts

The applicant filed High Court Miscellaneous Application No. 435 of 2011 (also referred to as No. 435 of 2007) seeking release of property comprised in Leasehold Register Volume 149 Folio 81 (and described as Register 140 Folio 8, Plot 1, Rubaga Road) from attachment and execution. The property arose from a decree in Civil Suit No. 435 of 2003 in the Commercial Division, to which the applicant had not been a party. An order for vacant possession had been issued, but the applicant was the person found in possession. He brought objector proceedings under Order 22 of the Civil Procedure Rules. Justice Geoffrey Kiryabwire dismissed that application, making findings including allegations of fraud and orders determining ownership of the property. The applicant's oral application for leave to appeal before the trial Judge was refused, prompting this application for leave to appeal to the Court of Appeal.

Issues

1. Whether prima facie there exist grounds of appeal that merit serious consideration so as to warrant a grant of leave to appeal.

Orders

• Application against the 2nd respondent withdrawn with leave of court; no order as to costs.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

Rules and key headnotes

Legislation cited (4)

• Rules of the Court of Appeal rule 40(2)(b)
• Rules of the Court of Appeal rule 43
• Rules of the Court of Appeal rule 45
• Civil Procedure Rules Order 22 rules 55, 56, 57 and 52(1)

Cases cited (2)

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

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