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Citation
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Judgment date
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| June 2023 |
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1 June 2023 |
| May 2023 |
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31 May 2023 |
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Persistent alcoholism found to be mental cruelty; divorce granted, joint custody, and property split 85%/15%.
Divorce — Cruelty — Alcoholism as mental cruelty — Irretrievable breakdown; Child custody — Welfare paramount — Joint custody and shared maintenance; Matrimonial property — Pre-marriage ownership vs contributions — 85%/15% split.
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31 May 2023 |
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Child welfare paramount: mother granted physical custody, parents share legal custody; father ordered to pay maintenance, no alimony.
Family law – Custody and maintenance – Best interests and welfare of the child paramount – tender years principle applied; mother granted physical custody, joint legal custody to both parents. Family law – Visitation – Ordered one day weekly until age five, joint custody thereafter with holiday access. Maintenance – Monthly child maintenance set at UGX 3,500,000; medical insurance and educational costs ordered; arrears awarded. Alimony – Claim dismissed for lack of proof of financial incapacity or sufficient marital investment. Constitutional law – Cultural/patrilineal claims cannot override constitutional equality under Article 33 and the welfare principle.
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29 May 2023 |
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Court grants adoption to non‑Ugandan petitioner, finding statutory requirements met and adoption in the child’s best interests.
Adoption law – jurisdiction where petitioner non‑citizen; statutory requirements under Children Act (ss. 44, 45, 46); waiver of parental consent for abandoned child; best interests of the child; change of name; registration and international recognition.
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24 May 2023 |
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Court granted adoption by a non‑Ugandan foster parent, waiving parental consent and allowing a child name change as being in the child’s best interests.
Children Act (ss. 44, 45, 46, 47) – Adoption by non‑citizen – jurisdiction – statutory suitability requirements (age, residence, foster period, good conduct, financial capacity, recommendations) – waiver of parental consent where parent unknown/abandoned – paramountcy of child’s best interests – adoption confers parental rights including name change; alternative care panel recommendation considered.
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24 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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8 May 2023 |
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Letters of administration obtained by concealment are void; registered trust protects beneficiaries and invalidates unauthorized land sales.
Succession law – Letters of Administration – concealment/omission in petition – fraudulent procurement of grant. Trusts – validity of trust deed and registration of trustees – protection of beneficiaries against unauthorized administration. Land law – sale by person without authority – purchaser’s duty of due diligence and bona fide purchaser defense. Remedies – declaration of fraudulent grant, nullification of sales, possession orders, valuation-based compensation, permanent injunction.
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5 May 2023 |
| April 2023 |
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Application to substitute plaintiffs dismissed for lack of evidence of plaintiff's absence and abuse of court process.
Civil procedure — substitution/addition of plaintiffs — Order 1 rr.1 & 13 — substitution only in interest of justice, avoid multiplicity of suits — requirement to prove plaintiff's absence or inability to continue — abuse of process — dismissal with costs.
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28 April 2023 |
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Court found respondent in contempt for removing the child abroad, ordered return and barred further removal without consent.
Family law – custody – variation of custody orders and enforcement; Contempt of court – civil contempt for disobedience of custody orders; Jurisdiction – High Court’s power to determine custody despite alleged foreign domicile; Evidence – admissibility and probative value of passport as proof of nationality; Remedies – return order, prohibition on removal, costs.
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21 April 2023 |
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Application for adoption by a foreign national dismissed because absence of the child’s birth certificate prevented statutory age and identity determination.
Adoption law – Children Act ss.45–47 – age requirement and mandatory age difference for adopter and child. Adoption by non‑citizens – s.46 exceptional criteria (residency, foster care under supervision, no criminal record, recommendation, recognition). Evidence – birth certificate as best evidence of age and identity; effect of its absence. Procedure – requirement for foreign adopters to engage National Alternative Care Panel.
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20 April 2023 |
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Foreign nationals who meet statutory requirements and foster a Ugandan child may adopt if adoption serves the child's best interests.
Adoption law — Children Act (ss.45–47, 46(1), 46(4)) — Exceptional adoption by non-citizens — residence and fostering requirements — consent of parent and child (14+) — best interests/welfare principle — waiver of home-country report — registration and recognition of adoption.
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14 April 2023 |
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High Court appointed applicants as legal guardians, finding the guardianship and travel permissions were in the children’s best interests.
Family law – Guardianship – Appointment of legal guardians of minors; consent of biological mother and children considered. Jurisdiction – High Court’s unlimited original jurisdiction under Constitution, Judicature Act and Civil Procedure Act to hear guardianship application. Children’s welfare – Best interests of the child as the paramount consideration; parental responsibility and maintenance obligations. Evidence – Use of custody consent, birth and travel documents, probation/social welfare report and police clearance in guardianship determinations.
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4 April 2023 |
| March 2023 |
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Appellant failed to prove adultery, desertion or cruelty; appeal dismissed with costs to respondent.
Divorce law – proof of adultery, cruelty and desertion; standard of proof higher than ordinary civil balance but not beyond reasonable doubt; customary (polygamous) marriage considerations; irretrievable breakdown not a statutory ground under current Divorce Act; first appellate court duty to reappraise evidence.
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31 March 2023 |
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Beneficiary’s certificate of succession entitles proprietary share; unlawful transfers and registrations can be cancelled or compensated.
Succession and land registration – certificate of succession grants beneficiary a proprietary interest enforceable in equity – transfers contrary to succession certificate may be voidable. Registration of titles – protection of registered proprietors except in cases of fraud – registrars must verify competing instruments before effecting transfers. Remedies – cancellation of registration, reinstatement, compensation, damages and injunctions are available where beneficiaries are deprived of entitled shares. Civil procedure – limitation defence must be specifically pleaded; late introduction is irregular and may be overruled.
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31 March 2023 |
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Leave to reopen to admit NIRA records on maternity refused; DNA evidence and applicant’s lack of diligence were decisive.
Civil procedure – reopening a case – discretion to admit additional evidence after close of trial – onus on applicant to explain failure to call evidence – NIRA registry entries insufficient to determine maternity without scientific proof (DNA) – materiality and diligence in adducing evidence.
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29 March 2023 |
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Court appointed the father guardian and authorised sale of minors' land to buy alternate property in their names.
Family law – Guardianship; best interests of the child; minors’ property rights; sale/transfer of land registered in minors’ names; High Court jurisdiction; parental responsibility; consent of parent.
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27 March 2023 |
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An applicant must produce written authority to sue for others; lack thereof renders a contempt application defective.
Civil procedure – Contempt of court – Temporary injunction – Alleged breach by paving and placing a container. Civil procedure – Affidavit of representation – Requirement of written authority where affidavit is sworn on behalf of others (Order 1 r.12(2), r.13; Order 3 r.2(a)). Contempt applications require caution; procedural non-compliance may bar substantive determination.
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27 March 2023 |
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Contempt application dismissed because applicant lacked written authority to represent co-administrators; affidavit was defective.
Civil procedure — Contempt proceedings — serious nature requires caution; administrators must act jointly or produce written authority for one to represent others (Order 1 r12(2), r13; Order 3 r2(a)); defective affidavit for lack of authority grounds for dismissal.
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27 March 2023 |
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Court holds parties jointly own Muyenga villas and are equally entitled; inherited Luwero land not divisible but developments shared.
Property division – Joint tenancy and equal shares – Admissibility of electronic evidence – Inherited land vs. matrimonial property – Division limited to developments/proceeds – Advocate misconduct and tax liability – Remedies: account of rents and equal sharing of farm value.
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27 March 2023 |
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Application to arrest judgment and rejoin proceedings held moot as the main suit judgment had already been delivered.
Civil procedure – Mootness and overtaken-by-events doctrine; arresting or setting aside judgment – application rendered academic where main suit judgment delivered; late filing and counsel’s negligence – insufficient to revive a moot application; courts should not grant relief incapable of implementation.
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22 March 2023 |
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Applicant’s request to arrest judgment and rejoin proceedings dismissed as moot and overtaken by events; no costs.
Civil procedure – arrest of judgment – application to set aside exclusion from proceedings – whether relief is overtaken by events or moot; Mootness – courts will not adjudicate academic disputes or grant orders incapable of implementation; Delay and counsel’s conduct – whether counsel’s negligence can be imputed to a litigant (not decided on merits where matter is moot).
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22 March 2023 |
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Court orders burial at deceased’s Luweero home, declares mother next of kin and gives her cultural discretion.
Burial disputes – deceased’s expressed wishes; determination of next of kin – priority of mother where appropriate; application of customary law (Itesot) subject to next of kin decision; court’s power to restrain interference and regulate custody of documents.
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20 March 2023 |
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Substance-over-form validated petition commissioning; supplementary affidavit admissible; absence at ruling did not breach fair hearing.
Commissioner for Oaths — Validity of jurat and commissioning — Substance over form where signature and stamp dates differ; Supplementary affidavits — leave not required if filed before closure of pleadings; Right to fair hearing — absence at delivery of ruling does not automatically amount to denial without shown prejudice.
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18 March 2023 |
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Date-stamp discrepancy did not invalidate the petition; supplementary affidavit admissible; no breach of fair hearing.
Civil procedure – divorce petition – commissioning by commissioner for oaths – technical discrepancy in dates does not invalidate petition absent evidence the deponent never appeared. Evidence – supplementary affidavit filed before close of pleadings does not require leave to file. Constitutional law – right to fair hearing (Art. 28) – delivery of ruling in absentia does not constitute denial of hearing absent demonstrated prejudice.
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18 March 2023 |
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Administrators must effect the agreed Sharia distribution; letters of administration not revoked; beneficiaries entitled to shares.
Succession law – intestacy – application of a Sharia-based distribution scheme adopted by beneficiaries and administrators. Administration of estates – duties of administrators as trustees to marshal and distribute assets without unreasonable delay. Revocation of letters of administration – statutory grounds under section 234 (fraud, defective proceedings, untrue inventory) not established. Non-retrospectivity – Succession (Amendment) Act 2022 reserving residential homes not applicable to distributions effected in 2010–2011. Remedies – mandatory orders to effect distribution and release certificates of title; costs ordered to be borne by each party.
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16 March 2023 |
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A valid will and lawful lease variation sustained; probate and registered title upheld absent proof of forgery or fraud.
Succession law – Validity and attestation of wills – burden of proof on allegation of forgery; Probate – executors appointed by a valid will rightly granted probate; Land law – lease variation and renewal by Uganda Land Commission lawful absent proof of fraud; Title registration – registered title generally indefeasible except on proof of fraud; Remedies – court may extend time for executors to exhibit inventory rather than revoke probate.
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13 March 2023 |
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Default decree set aside where no formal proof was given; defence time extended and execution stayed.
Civil procedure — Default judgment and ex parte decree — Requirement for formal proof where claim is not a liquidated demand; Registrar’s limited powers in uncontested matters; Extension of time — sufficient cause where counsel or legal aid inaction prevents timely defence; Stay of execution where decree set aside as irregular.
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3 March 2023 |
| February 2023 |
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Applicant failed to show grounds to review consent divorce judgment; property division in the consent decree upheld.
Civil procedure – Review of consent judgment – Section 82 Civil Procedure Act; Order 46 r.1 – grounds: mistake/error apparent, new evidence, other sufficient reason; Consent judgments contractual and binding unless fraud, illegality, mistake or misapprehension; Parties bound by pleadings – cannot introduce unpleaded third-party claims on review; non est factum defence must be pleaded and proved.
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28 February 2023 |
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Application to amend letters of administration dismissed for failure to prove co-administrator's death; applicant ordered to pay costs.
Succession law – amendment/revocation of letters of administration – s.234(2)(d) Succession Act – inoperative grants. Burden of proof – applicant must adduce evidence (e.g., proof of death) to justify amendment of a grant. Costs – unsuccessful applicant in ex parte succession application liable personally where relief is unproven.
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27 February 2023 |
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Court set aside prematurely extracted consent order issued without a filed consent or parties' appearance as void.
Civil procedure – Review of judgments – Consent orders – Consent judgment binds parties but may be set aside for fraud, mistake, misapprehension or illegality – Error apparent on face of record – Requirement that consent be filed and parties appear before court to enter consent judgment – Section 82 Civil Procedure Act; Order 46 Rule 1.
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27 February 2023 |
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Court revoked fraudulently obtained letters of administration, declared respondent a trespasser and ordered cancellation of her title.
Succession law – Letters of administration – Fraudulent procurement; grant void ab initio Land law – Registration of titles – Indefeasibility subject to fraud; cancellation of registered title Remedies – Revocation of letters of administration; declaration of trespass; costs awarded to estate
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27 February 2023 |
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Valid WILL found; administrators’ grant revoked for being procured by a fraudulent certificate of no objection; estate referred to Administrator General.
Succession law – validity of WILL – burden to prove forgery; Letters of administration – Certificate of No Objection and family meeting minutes; Revocation/annulment of grant where grant procured by fraud; Estate composition determined by valid WILL; Referral to Administrator General where administration or residue management required.
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22 February 2023 |
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Application to revoke letters of administration dismissed as improperly before court; contentious probate matters require a regular suit.
Succession law – Revocation of letters of administration – Allegations of mismanagement – Contentious probate matters must, as nearly as may be, take the form of a regular suit under section 265 – Affidavit evidence insufficient to resolve contested administration.
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21 February 2023 |
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Discovery for title and transfer documents was refused as premature because issues had not been scheduled and discovery risks fishing.
Civil procedure – discovery under Order 10 r.12 – requirements of necessity, relevance, possession and timing – discovery premature before scheduling and issue-framing. Evidence – effect of failure to file a replying affidavit – allegations in supporting affidavit stand unchallenged. Land law – allegations of fraudulent transfer by estate administrator – relevance of title and transfer documents to prove dishonesty.
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21 February 2023 |
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Court dismissed defendants' oral application to stay probate proceedings, prioritizing expeditious estate administration.
Stay of proceedings pending appeal; Order 39 r.2 and lis pendens (s.6) inapplicable where parties differ; discretionary, high-threshold test for stays; oral/formal application requirements; inherent powers (s.98 CPA) and remedies (s.33 Judicature Act); prevention of undue delay in estate administration.
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16 February 2023 |
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A sole female foreign foster-parent’s application to adopt a male child was dismissed for lack of pleaded or proved special circumstances under section 45(3).
Children Act (Cap.59) s45(1)(a), s45(3) – prohibition on sole female applicants adopting male children absent special circumstances; Children Act s46 – foreign national adoption (exceptional circumstances); Best interests of the child principle; Adoption as last resort; Requirements of fostering under PSWO and recommendation weight.
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15 February 2023 |
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Application for stay of execution pending appeal dismissed for being served out of time without leave.
Civil procedure – Stay of execution pending appeal – Application dismissed for defective service where notice of motion was served out of time without leave – strict compliance with Order 5 rules required. Civil procedure – Service of process – Failure to seek leave to serve out of time attracts dismissal as penalty under Order 5 provisions. Estate administration – Allegations of administrator acting pending appeal insufficient to avoid procedural requirements for a stay.
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15 February 2023 |
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15 February 2023 |
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Claim for estate share dismissed for lack of letters of administration and no disclosed cause of action.
Succession law – Letters of administration required before establishing rights to intestate estate; pleadings – plaint must disclose a cause of action; preliminary objection – plaint struck out as frivolous and vexatious; possession of estate pre-grant – duties and remedies under Succession (Amendment) Act s.57; intermeddling with estate prohibited.
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13 February 2023 |
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Court orders equal division of jointly-registered matrimonial land, awards compensation for raising a non-biological child, and grants mother physical custody.
Family law – Matrimonial property – Jointly registered land acquired before marriage; equal shares absent proof of unequal contribution; Family law – Custody – physical custody to primary carer, joint legal custody, access rights; Children – Maintenance – parental duty to maintain; Compensation – reimbursement and general damages where spouse raised non-biological child under misattributed paternity.
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13 February 2023 |
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Whether the Banda kibanja formed part of the intestate estate and whether the Letters of Administration should be revoked.
Succession law – intestate estate – disputed kibanja ownership; Administrator General – Certificate of No Objection and Letters of Administration – validity; burden of proof and authentication of documentary evidence; role of customary evidence in proving property rights; remedies—addition of co-administrators; costs.
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8 February 2023 |
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Leave to appeal granted on arguable legal question whether consolidation of two miscellaneous applications was proper.
Civil procedure — Leave to appeal — Consolidation of proceedings — Whether consolidation of a heard application awaiting judgment with an un‑heard application was proper — Preliminary objections to affidavits and mootness — Test for leave to appeal (arguable point of law, real prospect of success).
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8 February 2023 |