Wakilii

Omaya v Elijo and Another (Miscellaneous Application No. 44 of 2021)

High Court · [2023] UGHCCD 80 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal to the Court of Appeal against dismissal of an application for leave to appeal out of time
Decision
Application for leave to appeal dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for leave to appeal to the Court of Appeal. The court held that leave to appeal is discretionary and should generally be refused where the question relates only to exercise of discretion rather than law. The applicant raised no question of law and allowing the appeal would promote abuse of court process. The application was dismissed with costs to the respondents for lack of merit.

Outcome

Application for leave to appeal dismissed

Facts

The applicant filed a land suit in 2011 at Nebbi Chief Magistrate's Court which was decided in favour of the respondents on 14 December 2017. The applicant filed a notice of appeal on 28 August 2018, nearly two years after judgment. In September 2019, he filed Miscellaneous Application No. 0032 of 2019 seeking leave to appeal out of time and validation of his notice of appeal. That application was dismissed with costs on 7 May 2021 on grounds of lack of merit. The applicant then filed the current application seeking leave to appeal to the Court of Appeal against the dismissal of his earlier application for leave to appeal out of time.

Issues

  1. Whether the applicant should be granted leave to appeal to the Court of Appeal against the dismissal of his application for leave to appeal out of time.

Orders

  • Application dismissed with costs to the respondents for lack of merit.

Rules and key headnotes

Civil Procedure — Interlocutory Appeals — Leave to Appeal — Discretionary Nature
An order granting leave to appeal to the Court of Appeal is discretionary and an interlocutory appeal therefrom cannot succeed simply because the appellate court might have reached a different conclusion.
Civil Procedure — Interlocutory Appeals — Grounds for Leave — Question of Law Required
Where the question relates only to exercise of discretion and not to law, leave to appeal should generally be refused.
Civil Procedure — Interlocutory Appeals — Purpose and Scope
The interlocutory appeals provisions under Order 44 of the Civil Procedure Rules were enacted so that difficult legal issues of significant importance could receive appellate consideration before conclusion of trial, not for routine procedural and evidentiary rulings.

Legislation cited (8)

Cases cited (1)

  • Olweny and Others v Oyoo and Others (Civil Appeal No. 32 of 2018)

Full judgment

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

Omaya v Elijo and Another (Miscellaneous Application No. 44 of 2021) [2023] UGHCCD 80 (31 March 2023)
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.