Kithende v Birungi and 3 Others
Kithende v Birungi and 3 Others (Miscellaneous Application No. 82 of 2022) [2022] UGHCCD 240 (11 November 2022)
The court held that an order rejecting a plaint for non-disclosure of a cause of action or for being barred by law is not appealable as of right; leave must first be sought. The applicant demonstrated that the intended appeal raises substantial questions of law, including the application of Section 34 of the Civil Procedure Act to third party claims and the effect of irregular execution proceedings. The court found that these issues merit serious judicial consideration and that granting leave is necessary to protect the applicant's right of appeal and to attain the ends of justice. Accordingl…
Source excerpt
- Leave To Appeal
- Rejection Of Plaint
- Cause Of Action
- Bar By Statute
- Costs Award