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Kasangaki v Tumwesigye (Civil Appeal No. 265 of 2020) [2021] UGCA 96 (14 September 2021)
- Citation
- [2021] UGCA 96
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Case number
- Civil Appeal No. 265 of 2020
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Case number
- Civil Appeal No. 265 of 2020
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court granted the extension of time for filing the application because the respondent conceded to the applicant's request, and there was no opposition to the prayer. The application was deemed to have been filed within time and was validated accordingly. The court exercised its discretion under Rule 2(2) of the Court of Appeal Rules, considering the absence of objection and the interests of justice.
Court disposition
application for extension of time granted; application deemed filed within time and validated
Orders
- Extension of time for filing Civil Application No. 256 of 2020 is granted.
- The application is deemed to have been filed within time and is validated.
- Costs shall be in the cause.
02
Material facts
Parties
Kasangaki Diana
ApplicantFulgensia Tumwesigye
Respondent03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Certificate of Public Importance
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted an extension of time to file the application.
- 02
Whether the intended appeal raises a matter of law of great public or general importance.
Party arguments
- Applicant
- The applicant sought a certificate that the intended appeal raises a matter of law of great public or general importance and requested an extension of time within which to lodge the application.
- Respondent
- The respondent's counsel conceded to the applicant's prayer for extension of time for lodging the application.
05
Court’s reasoning
Legal principles
- 01
Rule 2(2) of the Court of Appeal Rules
The court has discretion to extend time for filing applications where sufficient cause is shown or where parties consent.
- 02
Section 6(2) of the Judicature Act
A certificate of public or general importance may be granted where the intended appeal raises substantial questions of law affecting the public interest.
06
Ratio, limits and disposition
Ratio decidendi
The court granted the extension of time for filing the application because the respondent conceded to the applicant's request, and there was no opposition to the prayer. The application was deemed to have been filed within time and was validated accordingly. The court exercised its discretion under Rule 2(2) of the Court of Appeal Rules, considering the absence of objection and the interests of justice.
Court disposition
application for extension of time granted; application deemed filed within time and validated
- Extension of time for filing Civil Application No. 256 of 2020 is granted.
- The application is deemed to have been filed within time and is validated.
- Costs shall be in the cause.
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
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CIVIL APPLICATION NO. 265 OF 2020
(ARISING FROM CIVIL APPEAL NO. 195 OF 2013)
KASANGAKI DIANA :::::::::::::::::::::::::::::::::::
VERSUS
FULGENSIA TUMWESIGYE \*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*
RULING OF THE COURT
This is an Application brought Under section 6(2) of the Judicature Act, Rules 39 (1) of the Supreme Court Rules and 43 of the court of Appeal Rules.
The Application seeks a Certificate that the Applicant's intended Appeal in respect of this Court's decision in Civil Appeal No. 195 of 2013 raises a matter of law of great public or general importance.
When the matter came up for hearing learned counsel for the Respondent conceded opposite Party's prayer for the extension of time within which the Application may be lodged.
In the result, this Court does hereby grant an extension of time in respect of the filing of Civil Application No. 256 of 2020 under Rule 2 (2) of the Court's Rules of Procedure.
The said Application is deemed to have been filed within time and is hereby duly validated.
Costs shall be in the cause.
Dated at Kampala this 14<sup>th</sup> day of September 2021.
HON. JUSTICE CHRISTOPHER MADRAMA, JA
HON. LADY JUSTICE IRENE MULYAGONJA. JA
HON. LADY JUSTICE MONICA K. MUGENYI, JA
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