Hasmani v Trustee of the Property of Hussenali Dharamsi Hasmani (Civil Appeal No. 14 of 1939) [1939] EACA 61 (1 January 1939)

## COURT OF APPEAL FOR EASTERN AFRICA

BEFORE SIR JOSEPH SHERIDAN, C. J. (Kenya); WHITLEY, C. J. (Uganda); and FRANCIS, J. (Uganda)

### HUSSEINALI DHARAMSI HASMANI, Applicant (Original $Applicant$

#### ν.

# THE TRUSTEE OF THE PROPERTY OF HUSSEINALI DHARAMSI HASMANI, THE BANKRUPT, Respondent (Original Respondent)

## (Civil Appeal No. 14 of 1939)

Leave to appeal to the Privy Council-Notification of intention to apply for leave to enter and prosecute the appeal in forma pauperis-Conditions of leave to appeal-Eastern African (Appeal to Privy Council) Order in Council, 1921, Articles 3 and $6$ .

Petition for leave to appeal to the Privy Council. Petitioner informed the Court of his intention to petition the Privy Council for leave to enter and prosecute the appeal in forma pauperis. He was entitled to the grant of leave to appeal as of right under article 3 $(a)$ of the Eastern African (Appeal to Privy Council) Order in Council, 1921, but article 6 provides that such leave shall only be granted by the Court in the first instance upon condition of the appellant entering into good and sufficient security to the satisfaction of the Court for the due prosecution of the appeal, etc.

$Held$ (16-10-39).—That notwithstanding the fact that the petitioner intimated this intention to petition the Privy Council for leave to enter and prosecute<br>the appeal in *forma pauperis* the Court in granting leave to appeal under article 3 should proceed to make an order imposing conditions in accordance with article 6 as if the petitioner were not a pauper.

RULING (delivered by SIR JOSEPH SHERIDAN, C. J.).—Although the applicant in this case has intimated that he intends to petition His Majesty in Council for leave to appeal in forma pauperis following precedent (Jafferali Bhaloo Lakha and two others v. Standard Bank of South Africa, Limited, Civil Appeal No. 7 of 1925 in the Court of Appeal; also see the Order made by the Privy Council in that case dated 26th July, 1926), it is necessary that we should make an order in the matter as if the applicant were not a pauper. Accordingly we make an order on the lines of the Order made in the case to which we have referred, in the following terms: $-$

Conditional leave to appeal granted. Security for costs in the sum of £400 to be furnished to the satisfaction of the Court within three months for the due prosecution of the appeal and the payment of the costs. This conditional leave is granted on the assumption that the statement in paragraph 4 of the petition that notice of the application has been given to the respondent is correct.

The respondent has not been represented before us.