Tinka Charles (Admin of the Estate of the Late Kyagwire Yolamu & Kiiza Baalam) v Butera George and Another (Miscellaneous Application No. 038 of 2024)
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 on the ground that it was incompetent. The applicant failed to attach a copy of the ruling sought to be appealed, as required by rule 44(4) of the Judicature (Court of Appeal) Rules. The court held that this mandatory requirement could not be cured by invoking Article 126(2)(e) of the Constitution, as doing so would promote laziness among advocates and allow frivolous appeals.
Outcome
Application for leave to appeal dismissed with costs to the respondents
Facts
The applicant, as administrator of an estate, sought leave to appeal against a ruling delivered on 26 April 2024 in Miscellaneous Application No. 038 of 2021. That application had sought to set aside orders in Miscellaneous Application No. 0145 of 2019, which arose from Civil Appeal No. 0059 of 2005. The applicant claimed the ruling was irregular, unfair, and unjust, particularly regarding a costs order. The respondents opposed the application, arguing it lacked merit and was an attempt to revive a deceased person's execution and bill of costs application. The applicant did not attach a copy of the ruling sought to be appealed to the motion or supporting affidavit.
Issues
- Whether the application for leave to appeal is competent.
- Whether leave to appeal ought to be granted.
Orders
- Application dismissed.
- Costs awarded to the respondents.
Rules and key headnotes
Legislation cited (10)
- Judicature (Court of Appeal) Rules rule 40
- Judicature (Court of Appeal) Rules rule 44
- Civil Procedure Rules order 44 rule 2
- Civil Procedure Rules order 44 rule 3
- Civil Procedure Rules order 44 rule 4
- Civil Procedure Rules order 52 rule 1
- Civil Procedure Rules order 52 rule 3
- Civil Procedure Rules order 19 rule 3(1)
- Constitution of Uganda 1995 article 126(2)(e)
- Constitution of Uganda 1995 article 28
Cases cited (4)
- Musa Sbeity v Akello Joan (High Court Miscellaneous Application No. 0249 of 2018)
- Swain v. Hillman [2001] 1 All ER 91
- 5CCA No. 023/94 G.M Combined Vs A.K Detergents
- Sango Bay Vs Dresdner [1971] EA 17
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.