Share
Charles Mayambala v Uganda Commercial Bank (Civil Appeal No. 4/98) [1998] UGCA 59 (26 October 1998)
- Citation
- [1998] UGCA 59
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Okello, JA, Berko, JA, Engwau, JA
- Case number
- Civil Appeal No. 4/98
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Okello, JA, Berko, JA, Engwau, JA
- Case number
- Civil Appeal No. 4/98
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court of Appeal found that since the appellant had disowned the record of appeal filed by his dismissed lawyers and had not filed a new record of appeal, there was no valid appeal pending before the court. In such circumstances, the court has no jurisdiction to entertain the matter, and the only proper course is to strike off the appeal. The absence of a record of appeal is fatal to the continuation of appellate proceedings, and the court cannot proceed in the absence of the essential procedural document. Accordingly, Civil Appeal No. 4 of 1998 was struck off the cause list.
Court disposition
appeal_struck_off
Orders
- Civil Appeal No. 4 of 1998 is struck off.
- No order as to costs.
02
Material facts
Parties
Charles Mayambala
AppellantUganda Commercial Bank
Respondent03
Procedural history
Posture
Civil Appeal / Appeal Struck Off
04
Questions and positions
Legal issues
- 01
Whether there is a valid appeal before the court in the absence of a record of appeal filed by the appellant.
- 02
Whether the appeal should be struck off for want of prosecution.
Party arguments
- Applicant
- The appellant disowned the record of appeal filed by his former lawyers, whom he had dismissed, and did not file another record of appeal.
- Respondent
- The respondent did not need to make submissions as the appellant had not filed a valid record of appeal, leaving no appeal pending before the court.
05
Court’s reasoning
Legal principles
- 01
Court practice and procedure
An appeal cannot be entertained by the court in the absence of a valid record of appeal filed by the appellant.
- 02
Court practice and procedure
Where there is no appeal pending, the court must strike off the matter from its cause list.
06
Ratio, limits and disposition
Ratio decidendi
The Court of Appeal found that since the appellant had disowned the record of appeal filed by his dismissed lawyers and had not filed a new record of appeal, there was no valid appeal pending before the court. In such circumstances, the court has no jurisdiction to entertain the matter, and the only proper course is to strike off the appeal. The absence of a record of appeal is fatal to the continuation of appellate proceedings, and the court cannot proceed in the absence of the essential procedural document. Accordingly, Civil Appeal No. 4 of 1998 was struck off the cause list.
Court disposition
appeal_struck_off
- Civil Appeal No. 4 of 1998 is struck off.
- No order as to costs.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment
ANNEXTURE MARKED "B"
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPEAL NO. 4/98
CORAM: HON. MR. JUSTICE G. M. OKELLO, J. A., HON. MR. JUSTICE J. P. BERKO, J. A. & HON. MR. JUSTICE S. G. ENGWAU, J. A.
CHARLES MAYAMBALA. APPELLANT VERSUS
UGANDA COMMERCIAL BANK....................................
Court:
$\lambda_{\mathcal{K}}^{\mathcal{L}}$
$20$
$10$
The appellant having disowned the Record of Appeal that has been filed by his lawyers who he dismissed and having not filed another record of appeal, there is no appeal pending before this court. Court of Appeal No. 4 of 1998 is accordingly struck off.
No order as to cost.
Dated at Kampala this 26<sup>th</sup> day of October, 1998.
G. M. Okello Justice of Appeal.
J. P. Berko Justice of Appeal.
S. G. Engwau
Justice of Appeal.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.