Uganda Case Law

Uganda Muslim Supreme Council v The Board of Governors Rwenzori Islamic Institute

Uganda Muslim Supreme Council v The Board of Governors Rwenzori Islamic Institute (Civil Appeal No 96 of 2014) [2022] UGCA 360 (15 November 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 96 of 2014

Judge

Kakuru, JA, Kibeedi, JA, Gashirabake, JA

The Court of Appeal struck out an appeal against a security-for-costs order because leave to appeal had not been sought or obtained, awarding costs to the respondent.

• Leave To Appeal
• Security For Costs
• Appealability Of Orders
• Leave-to-appeal
• Security-for-costs
• Appealability-of-orders

The Registered Trustees of Fedreation Of Uganda Football Association & 3 Ors v Ministry of Lands, Housing & Urban Development

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 2016)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION No. 510 OF 2016

Judge

Musota, J

The court found that the applicants had set out grounds in their notice of motion which raised matters of law and fact that merited consideration by the appellate court. The applicants' desire to test the findings of the trial court at a higher level was not unreasonable, and there was no opposition from the respondent. Applying the principles from Sango Bay Estates Ltd & Others Vs Dresdner Bank and Humphrey Nzeyi V Bank of Uganda and the Attorney General of Uganda, the court exercised its discretion to grant leave to appeal, noting that the grounds of appeal were not frivolous and deserved j…

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• Leave To Appeal
• Judicial Discretion
• Appealability Of Orders

Kassim Dungu v Nakato Nuliat & Anor

Kassim Dungu v Nakato Nuliat & Anor (Civil Appeal No. 72 of 2002) [2011] UGHC 168 (1 December 2011)

Court

High Court of Uganda

Case number

Civil Appeal No. 72 of 2002

Judge

Tuhaise, J

The High Court overruled a preliminary objection, holding that the appeal against striking the appellant out as a defendant was properly before the court.

• Appealability Of Orders
• Joinder Of Parties
• Striking Out Parties
• Abuse Of Court Process
• Appealability-of-orders
• Preliminary-objections

Shariff and Another v Gaga

Shariff and Another v Gaga (Civil Appeal No. 5 of 1952) [1952] EACA 314 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 5 of 1952

Judge

De Lestang J

The court held that the Rent Control Board could not review a merits-based decision after a full hearing and that no appeal lay from setting it aside.

• Rent Control Board Powers
• Review Of Decisions
• Appealability Of Orders
• Functus Officio Principle
• Rent-control-board-powers
• Review-of-decisions

Trustees of the Sunni Muslim Community v Fernandes

Trustees of the Sunni Muslim Community v Fernandes (Civil Appeal No. 12 of 1949) [1949] EACA 7 (1 January 1949)

Court

East African Court of Appeal

Case number

Civil Appeal No. 12 of 1949

Judge

Ainley J, Gray CJ, Nihill P

The Court held that there was no decree in existence against which the appellants could appeal, and that the order made under Order 45, Rule 5 of the Uganda Civil Procedure Rules was not one of the orders made appealable by the Civil Procedure Ordinance or the Rules. The statutory framework restricts appeals to decrees and certain specified orders, and an order enlarging time does not fall within those categories. The preliminary objection was therefore upheld, and the appeal was dismissed. The Court further indicated that the appellants' remedy may lie in obtaining a formal decree or seeking…

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• Appealability Of Orders
• Enlargement Of Time
• Decree Requirement
• Preliminary Objection

Ebrahim v Tait (C.A. 2/1935.)

Ebrahim v Tait (C.A. 2/1935.) [1935] EACA 51 (1 January 1935)

Court

East African Court of Appeal

Case number

C.A. 2/1935.

Judge

Law, C.J (Zanzibar), Sheridan, P, Webb, J

The Court of Appeal held that a liquidator’s affidavit must disclose a prima facie case of fraud against a named person before public examination can be ordered under section 196.

• Company Winding Up
• Public Examination Of Officers
• Fraud In Company Promotion
• Liquidator Powers
• Appealability Of Orders
• Company-winding-up

Mitha v Taufic (C.A. No. 37 of 1934.)

Mitha v Taufic (C.A. No. 37 of 1934.) [1934] EACA 7 (1 January 1934)

Court

East African Court of Appeal

Case number

C.A. No. 37 of 1934.

Judge

Horne J

The court held that the order in objection proceedings under Order 19 r. 55-60 constitutes an adjudication amounting to a decree within the meaning of section 2(4) of the Civil Procedure Ordinance, 1924, and is therefore appealable as of right without leave. The wakf created by the respondent was declared void under Mohammedan Law as it reserved a life interest to the donor and was intended to defeat creditors, given that the respondent had no other assets and was indebted to the appellant at the time of the wakf. Furthermore, the property in question was treated as a chattel, and the instrum…

Source excerpt

• Objection To Attachment
• Appealability Of Orders
• Wakf Validity
• Fraudulent Conveyance
• Registration Of Chattels