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The Registered Trustees of Fedreation Of Uganda Football Association & 3 Ors v Ministry of Lands, Housing & Urban Development (MISCELLANEOUS APPLICATION No. 510 OF 2016)

High Court · [2016] UGHCCD 82 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against an interlocutory ruling
Decision
Leave to appeal granted to the applicants

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted leave to appeal against an interlocutory ruling that had set aside judgment in a judicial review matter. The court applied the test that leave will normally be granted where prima facie it appears there are grounds of appeal which merit serious judicial consideration, and found the applicants had raised matters of law and fact that needed adjudication by the Court of Appeal.

Outcome

Leave to appeal granted to the applicants

Facts

The applicants had filed Miscellaneous Cause No. 166 of 2014, which appears to have been a judicial review matter against the Ministry of Lands, Housing & Urban Development. The respondent filed Miscellaneous Application No. 529 of 2015 to set aside the judgment and orders in the original cause. On 9 May 2016, the trial judge allowed the respondent's application and set aside the judgment. The trial judge held that the respondent was not a sueable entity in judicial review and that the suit was not sustainable against the respondent. Being dissatisfied with this ruling, the applicants sought leave to appeal, as the orders made were only appealable with leave of court. The respondent did not oppose the application.

Issues

  1. Whether the applicants are entitled to leave of court to file an appeal against the ruling in Miscellaneous Application No. 529 of 2015.

Orders

  • Leave to appeal granted.
  • Costs of the application to be provided for.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal — Test for Granting Leave
Leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration.
Civil Procedure — Appeals — Leave to Appeal — Discretionary Orders
Where the order from which it is sought to appeal was made in the exercise of a judicial discretion, a rather stronger case will have to be made out for leave to be granted.
Civil Procedure — Appeals — Leave to Appeal — Exercise of Court's Discretion
In considering an application for leave to appeal, the court must exercise its discretion by considering all the relevant facts of the case, but must restrain itself from attempting to resolve complex issues of disputed facts or those of law at this stage, leaving the same to be resolved in the substantive appeal.

Legislation cited (2)

Cases cited (2)

  • Sango Bay Estates Ltd and Others v Dresdner Bank [1971] EA
  • Humphrey Nzeyi v Bank of Uganda and the Attorney General of Uganda (Constitutional Application No. 01 of 2013)

Full judgment

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

The Registered Trustees of Fedreation Of Uganda Football Association & 3 Ors v Ministry of Lands, Housing & Urban Development (MISCELLANEOUS APPLICATION No. 510 OF 2016) [2016] UGHCCD 82 (17 August 20
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.