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Munabi v Asimwe (Civil Appeal 39 of 2021) [2024] UGHC 738 (19 March 2024)
- Citation
- [2024] UGHC 738
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Nabisinde, J
- Case number
- Civil Appeal 39 of 2021
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Nabisinde, J
- Case number
- Civil Appeal 39 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The High Court found that the appeal could not be determined on its merits because the record from the lower court, including the judgment, was neither typed nor certified. The appellant failed to exercise due diligence in ensuring that the necessary documents were obtained and filed. As a result, the appeal was not properly before the court. The court dismissed the appeal, holding that without a complete and certified record, it could not proceed to hear or determine the substantive issues raised. The lower court's judgment remains valid, and the record is to be returned for execution.
Court disposition
appeal dismissed as not properly before the court
Orders
- Civil Appeal No. 39 of 2021 is dismissed.
- There is no order as to costs.
- The lower court judgment remains valid.
- The whole record shall be returned to the lower court for execution.
02
Material facts
Parties
Munabi James
AppellantAsimwe Sam
Respondent03
Procedural history
Posture
Civil Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the appeal was properly before the High Court given the incomplete and uncertified lower court record.
- 02
Whether the appellant exercised due diligence in prosecuting the appeal.
Party arguments
- Applicant
- The appellant argued that the trial magistrate erred in law and fact by failing to properly evaluate the evidence, resulting in a wrong decision. The appellant indicated an intention to file an amended memorandum of appeal upon receipt of certified copies of the judgment and proceedings, which had not been done by the time of hearing. The appellant prayed for the appeal to be allowed with costs.
- Respondent
- The respondent did not file a substantive argument on record regarding the procedural irregularities or the merits of the appeal. The court noted the lack of vigilance by the appellant in following up the appeal process.
05
Court’s reasoning
Legal principles
- 01
Civil Procedure Rules, Order 43; general appellate practice.
An appeal must be supported by a complete and certified record from the lower court to be properly before the appellate court.
- 02
Ugandan appellate procedure jurisprudence.
The burden is on the appellant to ensure that the record of appeal is complete and properly filed for the court to determine the merits.
06
Ratio, limits and disposition
Ratio decidendi
The High Court found that the appeal could not be determined on its merits because the record from the lower court, including the judgment, was neither typed nor certified. The appellant failed to exercise due diligence in ensuring that the necessary documents were obtained and filed. As a result, the appeal was not properly before the court. The court dismissed the appeal, holding that without a complete and certified record, it could not proceed to hear or determine the substantive issues raised. The lower court's judgment remains valid, and the record is to be returned for execution.
Obiter and limits
- The appellant has not been vigilant in following up his appeal for purposes of having it put properly before court and heard to its logical conclusion.
- It is not possible for this Honorable Court to proceed to determine the merits of the appeal based on an incomplete record.
Court disposition
appeal dismissed as not properly before the court
- Civil Appeal No. 39 of 2021 is dismissed.
- There is no order as to costs.
- The lower court judgment remains valid.
- The whole record shall be returned to the lower court for execution.
Source and reliance status
High Court 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.
High Court of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
HOLDEN AT JINJA
HCT-03-CV-CA-039-2021
*(ARISING FROM CIVIL SUIT NO.091 OF 2017)*
MUNABI JAMES :::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT
VERSUS
ASIMWE SAM::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS
*Held- Civil Appeal No. 39 of 2021* *is not properly before this Court and it is accordingly dismissed. There is no order as to costs. The lower court Judgement remains valid and the whole record shall be returned to the lower court for execution.*
BEFORE: HON. JUSTICE DR. WINIFRED N NABISINDE
JUDGMENT ON APPEAL
The Appellant being dissatisfied and aggrieved by the decision and Orders of Chief Magistrate, Jinja Chief Magistrate’s Court appealed to this Honorable Court against the whole decision/Judgment and Orders on the following grounds: -
1. That the Trial Magistrate erred in law and fact when she failed to properly evaluate the evidence hence reaching a wrong decision.
They added that an Amended Memorandum of Appeal shall be filed by the appellant upon being provided with certified copies of the judgment and proceedings, however, by the time this Appeal was fixed for hearing, this had not been done.
They prayed that:-
The Appeal be allowed with costs in this appeal and in the lower court.
RESOLUTION BY COURT
The Appellant filed a Memorandum of Appeal in this court on the 25th day of May 2021. The Learned Deputy Registrar wrote to the Chief Magistrate on the 21st of February, 2022 requesting for certified copies of the Judgment and Proceedings in Civil Suit No.91 of 2017 for purposes of determining the Appeal.
On the 11th of March, 2022, the Learned Trial Chief Magistrate wrote a forwarding letter of the file; however, upon perusal of the file, the record of the lower court and Judgement that was sent to court is neither typed nor certified by the trial court. This was drawn to the parties but to date, it is clear that the Appellant has not been vigilant in following up his Appeal for purposes of having it put properly before Court and heard to its logical conclusion.
Given the above background and reasons, it is not possible for this Honorable Court to proceed to determine the merits of the Appeal based on an incomplete record.
My decision is that Civil Appeal No. 39 of 2021 is not properly before this Court and it is accordingly dismissed. There is no order as to costs. The lower court Judgement remains valid and the whole record shall be returned to the lower court for execution.
I SO ORDER
**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ JUSTICE DR. WINIFRED N NABISINDE
JUDGE 19/03/2024**
This Judgment shall be delivered by the Honorable Magistrate Grade 1 of the High Court Jinja attached to the Chambers of Justice Dr. Winifred N Nabisinde who shall also explain the right of appeal against this Judgment to the Court of Appeal of Uganda.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**JUSTICE DR. WINIFRED N NABISINDE
JUDGE 19/03/2024**
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