Byaruhanga Vs Fr. Ruvugwaho (Civil Appeal No. 228 of 2014) [2017] UGCA 120 (12 December 2017)

Flynote

CL|Civil Appeal Procedure|Special Leave to Appeal|Public Or General Importance|Conveyance

Case summary

The court considered an application where the applicant argued that the Court of Appeal, in an earlier judgment in the same case, erroneously misconstrued s 272 of the Succession Act. The court held that an appeal could be re-heard if the matter is of great public importance. The court confirmed that great public importance and general importance depends on the facts and circumstances and may vary from case-to-case.  The guidelines for what would constitute public or general importance in certain cases are statements of law which affect  (1) a considerable number of people in their commercial practice;  (2) enjoyment of fundamental rights;  (3) the proper functioning of public institutions;  (4) the court’s scope to dispense redress; or (4) the discharge of duties of public officers.  If an appeal meets one of the criteria constituting public or general importance, the court will be permitted to re-hear an appeal on its merits. The court in this case held that this case raised a question of law of general importance and could be reheard.

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