Kiwege and Mgude Sisal Estates Ltd v Manilal Ambalal Nathwani (Civil Appeal No. 69 of 1952) [1952] EACA 160 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 69 of 1952
Judges
Nihill P, Worley VP
The Court of Appeal dismissed a civil appeal because no decree had been drawn up, so it lacked jurisdiction. It also rejected a challenge to the validity of the Tanganyika appeals ordinance.
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…