' I have considered the Notice of Motion dated 13th October 2025 filed by the applicant seeking this court''s leave to file her intended appeal against the decision made by the lower court in Kigumo SPM''S Court Succession Cause No. 79 of 2018. I have noted the reason advanced by the applicant explaining why she has been unable to file her intended appeal to date. Although i find that reason to be satisfactory, it is my finding that the application is unnecessary as Section 50 of the Law of Succession Act which provides for filing of appeals to the High Court in Succession matters does not prescribe any timeline within which such appeals ought to be filed.
For the avoidance of doubt, the provision states as follows;
(1) An appeal shall lie to the High Court in respect of any order or decree made by a Resident Magistrate in respect of any estate and the decision of the High Court thereon shall be final.
(2) An appeal shall lie to the High Court in respect of any order or decree made by a Kadhi''s Court in respect of the estate of a deceased Muslim and, with the prior leave thereof in respect of any point of Muslim law, to the Court of Appeal.
In view of the foregoing, it is clear that since the applicant was aggrieved by the decision of the trial court in a succession cause, she did not require this court''s leave in order to file her intended appeal even if the the trial court''s decision was made more than a month ago. The applicant is thus at liberty to proceed and file her intended appeal if she so wished.
In the premises, i decline to issue the orders sought and order this file closed.
'
For the avoidance of doubt, the provision states as follows;
(1) An appeal shall lie to the High Court in respect of any order or decree made by a Resident Magistrate in respect of any estate and the decision of the High Court thereon shall be final.
(2) An appeal shall lie to the High Court in respect of any order or decree made by a Kadhi''s Court in respect of the estate of a deceased Muslim and, with the prior leave thereof in respect of any point of Muslim law, to the Court of Appeal.
In view of the foregoing, it is clear that since the applicant was aggrieved by the decision of the trial court in a succession cause, she did not require this court''s leave in order to file her intended appeal even if the the trial court''s decision was made more than a month ago. The applicant is thus at liberty to proceed and file her intended appeal if she so wished.
In the premises, i decline to issue the orders sought and order this file closed.
'