[2022] UGCA 360

#### THE REPUBLIC OF UGANDA

#### IN THE COURT OF APPEAL OF UGANDA **AT KAMPALA**

#### CIVIL APPEAL NO 96 OF 2014

#### (ARISING FROM HCT - 01 - CV - LD - MA - 051 OF 2014)

#### (ARISING FROM HCT - 01 - CV - LD - CA - 043 OF 2013)

UGANDA MUSLIM SUPREME COUNCIL--------------------------------APPELLANT

#### **VERSUS**

THE BOARD OF GOVERNORS RWENZORI ---------------RESPONDENT SAAD ISLAMIC INSTITUTE----------------

HON. MR. JUSTICE KENNETH KAKURU, J. A. **BEFORE:** HON. MR. JUSTICE MUZAMIRU KIBEDI MUTANGULA, J. A. HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, J. A.

#### **DECREE ON APPEAL**

This appeal coming up for hearing this **15^th** day of **November, 2022** in the presence of Mr. Isaac Kugonza, Counsel for the Appellant and in the presence of **Mr. Richard Bwiruka**, Counsel for the Respondent;

#### IT IS HEREBY ORDERED AS FOLLOWS;

- 1. **That** the appeal is struck out. - 2. **That** the Appellant shall pay the costs of this appeal to the respondent.

We approve; **Isaac Kugonza Bwiruka Richard Counsel for the Respondent Counsel for the Appellant** DATED at Kampala this .................................... ........, 2022 **REGISTRAR** $\frac{1}{22}$ Extracted by; M/s Kaahwa, Kafuuzi, Bwiruka & Co. Advocates Plot 38 Mugurusi Road P. O. Box 804, Fort Portal.

#### THE REPUBLIC OF UGANDA

# IN THE COURT OF APPEAL OF UGANDA (COA) AT **KAMPALA**

#### CIVIL APPEAL NUMBER 0096 OF 2014

PROCEEDINGS BEFORE:

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$20$

HON. MR. JUSTICE KENNETH KAKURU, JA $10$ HON. MR. JUSTICE MUZAMIRU M. KIBEEDI JA HON. MR. JUSTICE CHRISTOPHER GASHIRABAKE, JA

PARTIES:

**UGANDA MUSLIM SUPREME COUNCIL::APPELLANT** $15$

$VS.$

THE BOARD OF GOVERNORS RWENZORI SAAD INSLAMIC INSTITUTE::::::::::::::::::::::::::::::RESPONDENT

Date: 15^TH NOVEMBER, 2022

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#### ⁵ Appearances:

Mr. Isaac Kugonza: Counsel for Appellant

Mr. Richard Bwiruka: Counsel for Respondent

Nanyanga Susan: Court Clerk

Evel5rn Ampiire : Transcriber

If it may please you my lords, my name is Richard Bwiruka and I appear for the respondent. My learned friend Mr. Kugonza ¹⁵ Isaac appears for the appellant. The respondent is represented in court by Mr. Hajji Bigidard Saad.

## Mr. Kugonza:

My lords the appellant is equally represented by Mr. Abjiji Kelemire

## ²⁰ Justice

Counsel is this an appeal against an application for security for costs?

Yes my lord.

## Justice Kakuru:

Is it appealable as of right?

## Mr. Kugonzai

¹⁰ No my lord.

## Justice Kakuru:

Did you seek leave at the High Court for leave to appeal against the order that it is not appealable as of right?

## Mr. Kugonrzaz

¹⁵ My lord we a-re freshly instructed in the matter.

## Justice Kakuru:

Did you counsel? Did you seek leave and obtain it from the High Court and if so just show us the order.

## Mr. Kugolnzai

²⁰ My lord I need to establish whether previous counsel in the matter sought the leave of the High Court.

## ⁵ Justice Kakuru:

We have all the papers on this file and there is no such.

My lords I would strike out this appeal on account that it is not appealable as of right and no leave was sought at the High Court and no leave has been sought here.

## ¹⁰ Justice Kibeedi:

My lord I would agree but there is the question of costs, counsel needs to show cause why counsel should not personally pay the costs.

## ⁵ Justice Kakuru:

This appeal is hereby struck out for failure by the appellant to seek leave to appeal which is mandatory. The order appealed for is not appealable as of right under Rule 44 of the Civil Procedure Rules with costs to the respondent.

#### HON. JUSTICES OF APPEAL

#### 15TH NOVEMBER 20/22