Kasim Jamada Waligo v Ms SunFlag Textiles & Knit Wear Mills Ltd (HCT-00-CC-MA 154 of 2010) [2010] UGCommC 14 (25 April 2010)


THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

COMMERCIAL COURT DIVISION

HCT-00-CC-MA-154-2010

(Arising from HCT-00-CC-MA-153-2009)

(Arising from HCT-00-CC-MA-0144-2009)

(ARISING FROM HCT-00-CC-0208-2007)



KASIM JAMADA WALIGO ………………………………………………..……………………………………. APPLICANT

VERSUS

MS SUNFLAG TEXTILES & KNIT WEAR MILLS LTD …………………………………………………………………………………….RESPONDENT

Before Hon. Mr. Justice Lameck N. Mukasa

RULING

I have considered the affidavit filed in support of this application and the grounds set out therein. I have also carefully considered the submissions of both Counsel.

For an application for leave to appeal to succeed the Applicant must show that he has a substantial question of law to merit consideration by the Appellate Court and one of a general principle of law decided for the first time thus warranting further argument on appeal.

The applicant has not either in the application or in the affidavit in support shown any point of law or new principle of law decided upon for the first time which warrants the opinion of the Superior Court. It is not enough for the applicant to merely allege that the decision involves important questions of law without indicating the so involved points of law. Further it is not sufficient to merely allege that the intended appeal has a high likelihood of success.

The Applicant has failed to satisfy the requirements for leave to appeal to be granted. The application fails and is dismissed with costs.



Hon Mr. Justice Lameck N. Mukasa

Judge

26th April 2010

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