[1928] EACJ 2

[1928] EACJ 2

The Court held that when the appellant fails to furnish the required security within the stipulated time, the proceedings for appeal automatically lapse and no formal order of revocation is necessary. The original order for conditional leave to appeal lapses by operation of law, rendering any application for revocation redundant. Regarding costs, the Court determined that it is proper and convenient for the Court hearing the application for leave to appeal to make an order as to costs at that time. In this case, although no such order was made previously, the Court completed its former order by awarding costs to the respondents for both the application for leave to appeal and the present...

Citation
[1928] EACJ 2
Parties
Appellant: Hodgson & Simpson, Ltd.; Respondent: Sheriff Devji & Sons
Court
East African Court of Justice
Jurisdiction
Uganda
Judgment Date
1 January 1928
Case Number
C.A. 5/1926.
Procedural Posture
Miscellaneous Application / Application for Revocation of Conditional Leave to Appeal and Costs
Outcome
Application for costs granted; no order for revocation necessary as appeal proceedings have lapsed.
Judges
Guthrie-Smith, J. (Uganda), Sheridan, J, Tomlinson CJ
Legal Topics
Leave to Appeal, Security for Costs, Costs Awards, Practice and Procedure
Source Language
English
Civil Procedure Leave to Appeal Security for Costs Costs Awards Practice and Procedure

Case Brief

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Parties

Hodgson & Simpson, Ltd.

Appellant

Sheriff Devji & Sons

Respondent

Procedural Posture

Miscellaneous Application / Application for Revocation of Conditional Leave to Appeal and Costs

Legal Issues

  1. 1 Whether the proceedings for appeal fail automatically when the appellant does not furnish the required security within the stipulated time.
  2. 2 Whether a formal order of revocation is necessary when conditional leave to appeal lapses due to non-fulfilment of conditions.
  3. 3 How costs should be awarded when respondents appear on an application for leave to appeal and no order for costs is made.

Ratio Decidendi

The Court held that when the appellant fails to furnish the required security within the stipulated time, the proceedings for appeal automatically lapse and no formal order of revocation is necessary. The original order for conditional leave to appeal lapses by operation of law, rendering any application for revocation redundant. Regarding costs, the Court determined that it is proper and convenient for the Court hearing the application for leave to appeal to make an order as to costs at that time. In this case, although no such order was made previously, the Court completed its former order by awarding costs to the respondents for both the application for leave to appeal and the present...

Court Disposition

Application for costs granted; no order for revocation necessary as appeal proceedings have lapsed.

Orders

  • Appellants to pay respondents the costs of the application for leave to appeal and of the present application.
  • No formal order of revocation of conditional leave to appeal is necessary.