Role of Appellate Court

Bitamisi Vs Rwabuganda (CIVIL APPEAL No. 16 OF 2014) [2018] UGSC 53 (19 December 2018);


Search Summary: 

This was an application for leave to appeal the
decision of the court of appeal. The
background is that the applicant obtained a
ruling from the land tribunal and orders from
the high court which were subsequently upheld
in the court of appeal. The respondent also
filed parallel proceedings in the magistrate’s
courts which were also upheld in the court of
appeal. The applicant appealed the decision to
set aside the decision of the high court but was
unsuccessful hence this application.

Headnote and Holding: 

The court held that in its determination of an
application for a certificate to lodge a third
appeal to this Court, the Court of Appeal is
guided by only two factors namely: (i) whether
the intended appeal to the Supreme Court
concerns a matter of law of great Public
importance and (ii) whether the intended
appeal raises a matter of law of general
importance. That the Court of Appeal did not
and could not have considered the merits of the
original land dispute between the parties, since
none of the parties canvassed any matters
relating to the issue of ownership of the suit
property. The purpose of setting aside an ex
parte Judgment is to have the matter to be
heard afresh inter parties.


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