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Namuddu Joyce v Nakintu Prossy (Civil Appeal No. 47 of 2024) [2025] UGHCLD 117 (2 July 2025)
- Citation
- [2025] UGHCLD 117
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Civil Appeal No. 47 of 2024
- Language
- English
More details
- Court
- HC: Land Division (Uganda)
- Panel
- Nassuna Matovu, J
- Case number
- Civil Appeal No. 47 of 2024
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because it was filed out of time and without leave of court, as required by Section 17(2) of the Judicature Act. The absence of both parties and lack of explanation for non-attendance further justified dismissal. The court found that the procedural requirements for lodging an appeal were not met, rendering the appeal incompetent.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed under Section 17(2) of the Judicature Act.
02
Material facts
Parties
Namuddu Joyce
AppellantNakintu Prossy
Respondent03
Procedural history
Posture
Civil Appeal / Ruling
04
Questions and positions
Legal issues
- 01
Whether the appeal was properly before the court given the time of filing.
- 02
Whether leave of court was required and obtained to file the appeal out of time.
- 03
Whether non-attendance by parties affected the proceedings.
Party arguments
- Applicant
- No arguments were presented by the appellant as neither party attended court and no reason was given for non-attendance.
- Respondent
- No arguments were presented by the respondent as neither party attended court and no reason was given for non-attendance.
05
Court’s reasoning
Legal principles
- 01
Section 17(2) of the Judicature Act
An appeal filed out of time without leave of court is not properly before the court.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because it was filed out of time and without leave of court, as required by Section 17(2) of the Judicature Act. The absence of both parties and lack of explanation for non-attendance further justified dismissal. The court found that the procedural requirements for lodging an appeal were not met, rendering the appeal incompetent.
Court disposition
appeal dismissed
- The appeal is dismissed under Section 17(2) of the Judicature Act.
Source and reliance status
HC: Land Division (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.
HC: Land Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) CIVIL APPEAL NO. 47 OF 2024 (ARISING FROM MISC. APPLN. NO. 71 OF 2023( (ALL ARISING FROM CIVIL SUIT NO. 02 OF 2023) NAMUDDU JOYCE :::::::::::::::::::::::::::::::::::::: APPELLANT VERSUS NAKINTU PROSSY ::::::::::::::::::::::::::::::::::::::::: RESPONDENT
BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU RULING:
Date: 2/7/2025 at 10:30a.m.
Appeal was fixed for today and hearing date communicated to the parties via ECCMIS. The parties are not in court and no reason has been given for their non-attendance.
Secondly, perusal of the record shows that the decision against which this appeal was lodged was passed on 8/11/2023 and the appeal was lodged on 9/5/2024. The appellant did not seek leave of court to file appeal out of time. The said appeal is therefore not proper before court because it was filed out of time and without leave of court.
For all those reasons this appeal is accordingly hereby dismissed under S.17(2) of Judicature Act.
JUDGE.
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