Court name
Supreme Court of Uganda
Judgment date
19 December 2018

Bitamisi v Rwabuganda (Civil Appeal-2014/16) [2018] UGSC 53 (19 December 2018);

Cite this case
[2018] UGSC 53
Short summary:

Civil Procedure, Role of Appellate Court, Second Appeal

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.