[2006] UGCA 48

[2006] UGCA 48

The Court held that the right of appeal from decisions of the High Court granting prerogative orders of certiorari, mandamus, and prohibition is provided for under Sections 10 and 66 of the Judicature Act and the Civil Procedure Act, respectively. These provisions confer appellate jurisdiction on the Court of Appeal for orders made by the High Court under statutory provisions, unless specifically excluded by legislation. The Court further held that the respondent's failure to seek leave to appeal did not render the appeal incompetent because the application was brought by originating summons and the trial judge had finally settled all rights between the parties. The application to strike...

Citation
[2006] UGCA 48
Parties
Appellant: Pius Niwagaba; Respondent: Law Development Centre
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
4 September 2006
Case Number
Ciivil Application No. 18 of 2006
Procedural Posture
Miscellaneous Application / Application to Strike Out Notice of Appeal and Appeal
Outcome
application dismissed with costs
Legal Topics
Judicial Review, Prerogative Orders, Right of Appeal, Certiorari, Mandamus, Appellate Jurisdiction
Source Language
English
Administrative Law Civil Procedure Judicial Review Prerogative Orders Right of Appeal Certiorari Mandamus Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Pius Niwagaba

Appellant

Law Development Centre

Respondent

Procedural Posture

Miscellaneous Application / Application to Strike Out Notice of Appeal and Appeal

Legal Issues

  1. 1 Whether there is a statutory right of appeal from High Court decisions granting prerogative orders of certiorari, mandamus, and prohibition.
  2. 2 Whether the respondent's failure to seek leave to appeal rendered the appeal incompetent.

Ratio Decidendi

The Court held that the right of appeal from decisions of the High Court granting prerogative orders of certiorari, mandamus, and prohibition is provided for under Sections 10 and 66 of the Judicature Act and the Civil Procedure Act, respectively. These provisions confer appellate jurisdiction on the Court of Appeal for orders made by the High Court under statutory provisions, unless specifically excluded by legislation. The Court further held that the respondent's failure to seek leave to appeal did not render the appeal incompetent because the application was brought by originating summons and the trial judge had finally settled all rights between the parties. The application to strike...

Court Disposition

application dismissed with costs

Orders

  • The application to strike out the notice of appeal and the appeal is dismissed with costs.