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4 Oct 2024

Civil Procedure [2024] UGHC 1001

Karai & 5 Others v Vudiga

Karai & 5 Others v Vudiga (Civil Appeal 11 of 2021) [2024] UGHC 1001 (4 October 2024)

Court: High Court of Uganda
Case number: Civil Appeal 11 of 2021
Judge: Acellam, J

The High Court held that the purported civil appeal was incompetent because it was not commenced by a memorandum of appeal as required by law. The mere filing of a notice of appeal does not initiate an appeal in the High Court. The appellants failed to file a memorandum of appeal within the statutory period of thirty days, and the delay was not justified by the process of obtaining lower court proceedings. The court emphasized that litigation must come to an end and that the interests of justice require timely prosecution of appeals. The continued delay by the appellants was deemed a delibera…

Source excerpt

Appeal Commencement
Memorandum Of Appeal
Succession And Administration
Limitation Periods

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31 Oct 2022

Civil Procedure [2022] UGHCCD 221

China Civil Engineering Construction Corporation Ltd v Bubera General Construction Ltd

China Civil Engineering Construction Corporation Ltd v Bubera General Construction Ltd (Civil Appeal No. 23 of 2020) [2022] UGHCCD 221 (31 October 2022)

Court: HC: Civil Division (Uganda)
Case number: Civil Appeal No. 23 of 2020
Judge: Musa Ssekaana, J

The court found that the appeal was not properly commenced, as it was initiated by a notice of appeal rather than a memorandum of appeal, contrary to Order 43 (1) of the Civil Procedure Rules. Furthermore, the memorandum of appeal was filed two years after the judgment, well outside the 30-day limitation period prescribed by section 79 (1) of the Civil Procedure Act. The appellant did not seek leave of court to file the appeal out of time, nor did they demonstrate good cause for the delay. The court held that procedural rules regarding commencement and timing of appeals are mandatory and must…