Sekibaala v Sinnabulya (Miscellanous Application No. 82 of 2012)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an application for leave to appeal an earlier interlocutory ruling that had reinstated a dismissed appeal. The court found the application lacked merit where counsel for both parties had agreed in open court that the better course was to set aside the reinstatement order and argue the underlying application inter partes, rendering the intended appeal a waste of time.

Outcome

Application for leave to appeal dismissed

Facts

The respondent had filed an appeal (Civil Appeal No. 6 of 2005) which was dismissed for non-appearance. The respondent subsequently filed Miscellaneous Application No. 190 of 2011 to reinstate the appeal. On 1 December 2011, the High Court granted that application and reinstated the appeal in the applicant's absence and without notice to him or his counsel. When the parties appeared on 20 January 2012 for hearing of the reinstated appeal, counsel for the applicant raised objections and indicated his intention to appeal the reinstatement ruling. Counsel for the respondent suggested that instead of pursuing an appeal, the reinstatement order should be set aside and the application argued inter partes. The applicant's counsel agreed this was a workable solution. However, on 31 January 2012, the applicant filed this application seeking leave to appeal the reinstatement ruling.

Issues

1. Whether leave to appeal should be granted against an interlocutory ruling that reinstated a dismissed appeal.
2. Whether the applicant was condemned unheard when the court granted the respondent's application to reinstate an appeal without notice to the applicant.

Orders

• Application dismissed with costs to the respondent.

Rules and key headnotes

Legislation cited (3)

• Civil Procedure Rules S.I No. 71-1 Order 44 rule 1(2)
• Civil Procedure Rules S.I No. 71-1 Order 44 rule 1(3)
• Civil Procedure Rules S.I No. 71-1 Order 44 rule 1(4)

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