Mulwana v UNS-SACCO Limited
Mulwana v UNS-SACCO Limited (Civil Appeal 49 of 2020) [2023] UGSC 66 (15 September 2023)
The court held that appeals from orders made under Order 36 of the Civil Procedure Rules are not appealable as of right under Order 44 rule 1. The applicant was required to first seek leave of the court that made the order before filing the appeal. The omission to seek such leave is not a mere procedural matter but an essential step. As the appellant did not obtain leave, the appeal is incompetent and must be struck out. The court relied on statutory provisions and binding case law to reach this conclusion, emphasizing that the right to appeal is statutory and must be exercised in accordance…
Source excerpt
- Leave To Appeal
- Appeals From Magistrates Court
- Order 36 Cpr
- Order 44 Cpr
- Competence Of Appeal