[1935] EACA 48

[1935] EACA 48

The court held that if the case is considered a 'suit' within the meaning of the Civil Procedure Ordinance, the appeal fails because special leave to appeal was not obtained as required by section 74. The appellant did not comply with Rule 9 of the Court of Appeal Rules. If the case is not a 'suit', there is no procedure for a second appeal. The court deliberately refrained from deciding whether the case is a 'suit', leaving the issue open for future determination. Consequently, the appeal was dismissed with costs.

Citation
[1935] EACA 48
Parties
Appellant: Attorney General; Respondent: Habib Abdulla
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1935
Case Number
C.A. 27/1934.
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal_dismissed
Judges
Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, P
Legal Topics
Appeal Rights, Leave to Appeal, Definition of Suit, Jurisdictional Limits
Source Language
English
Civil Procedure Appeal Rights Leave to Appeal Definition of Suit Jurisdictional Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Appellant

Habib Abdulla

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Does the matter constitute a 'suit' under the Civil Procedure Ordinance, 1930, sec. 74.
  2. 2 Is leave to appeal required for a second appeal where the subject matter is less than £50.
  3. 3 Is there any procedure permitting a second appeal if the case is not a 'suit'.

Ratio Decidendi

The court held that if the case is considered a 'suit' within the meaning of the Civil Procedure Ordinance, the appeal fails because special leave to appeal was not obtained as required by section 74. The appellant did not comply with Rule 9 of the Court of Appeal Rules. If the case is not a 'suit', there is no procedure for a second appeal. The court deliberately refrained from deciding whether the case is a 'suit', leaving the issue open for future determination. Consequently, the appeal was dismissed with costs.

Court Disposition

appeal_dismissed

Orders

  • The appeal is dismissed with costs.