Appeal  arising out of the orders of a magistrate made under o.52 of the CPR

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL APPEAL NO. 28 OF 2013

(Arising from Chief Magistrates Court of Mengo Misc. Cause No. 04 of 2013)

JOSEPH KAWESA ………………………….......................................................APPELLANT

VERSUS

DIANA MUGISHA ….............................................................................. RESPONDENT

Brief facts

The appellant instituted the present appeal against the ruling and orders of the trial magistrate dated 31^st July 2013.  At the hearing of the appeal the parties agreed to file written submissions.  Learned counsel for the respondent thereafter filed written submissions in which he raised a preliminary point of law that the present appeal is improperly before this court in the absence of leave to appeal the trial magistrate’s ruling. 

Civil procedure- appeals from orders of magistrates courts-whether leave is required for an appellant to appeal the order of the magistrates court made under O. 52 of the CPR.

Held

1. Within the context of the present preliminary point of law, it would seem to me that provision for application for leave to appeal is intended to expedite the adjudication process by allowing for judicial discretion in matters that may go to appeal.  The absence of such provision would result in automatic appeals from all manner of orders with the resultant delay in conclusive resolution of disputes.  The need for compliance with this rule cannot be over-emphasized; it should never be under-stated.  I would, therefore, uphold the preliminary point of law raised; and do hereby strike out this appeal with costs to the respondent.