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Uganda decisions
Decisions matching the current search
Mwesigye v Nyamaizi & Another (Civil Appeal No. 54 of 2015) [2020] UGHCLD 5 (1 June 2020)
The High Court dismissed a land appeal, upholding a finding that the respondents received the disputed land as a valid inter vivos gift from the deceased.
Kalokola v Nduga (Civil Appeal No. 001 of 2013) [2014] UGHCCD 75 (19 May 2014)
The High Court struck out a civil appeal because the appellant failed to file the extracted decree, making the appeal incompetent and a nullity.
Byekwaso & Anor v Ndagire (Civil Appeal No. 078 of 2012) [2013] UGHCLD 37 (18 April 2013)
The court held that the extraction of a formal decree is no longer a legal requirement for instituting an appeal, as the constitutional mandate to administer substantive justice without undue regard to technicalities takes precedence over statutory provisions that impose technical requirements. The previous position, which rendered appeals incompetent for failure to extract a decree, was based on pre-1995 law and has been superseded by Article 126(2)(e) of the Constitution and subsequent Court of Appeal decisions. The responsibility to draw up the decree lies with the magistrate, and failure…
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Kibuuka Musoke William and Another vs Dr. Apollo Kaggwa (Civil Appeal No 46 of 1997) [1998] UGCA 5 (22 March 1998)
The Court of Appeal held that an extracted decree was not required to institute this appeal, and it dismissed the respondent’s preliminary objection with costs.
Velji v Hirji (Civil Appeal No. 47 of 1952) [1952] EACA 184 (1 January 1952)
The Court held that although the appellant failed to annex a copy of the decree to the memorandum of appeal at the time of filing, the decree existed and was filed within the appealable period. This procedural slip did not go to the root of jurisdiction and was curable, distinguishing the present case from precedents where the decree did not exist at the time of filing and the defect was incurable. The Court found that a strict interpretation of 'accompanied' would be unduly harsh and that the appeal was competent as the necessary documents were filed before the expiry of the appeal period. T…
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Kisumu Motor Works v Manji (Civil Appeal No. 2 of 1940) [1940] EACA 31 (1 January 1940)
The appeal was dismissed because the copy of the judgment attached to the memorandum of appeal was not certified by the officer with custody of the original record.
Munshiram and Co. v Star Soda Water Factory (Civil Appeal No. 25 of 1934.) [1934] EACA 14 (1 January 1934)
The appeal was dismissed because the appellants failed to file a certified copy of the order appealed from, which the court held was mandatory under Order 39, rule 1.
Jivanji and Another v Jivanji and Another (C.A. 29/1930) [1930] EACA 41 (1 January 1930)
The Court of Appeal dismissed a civil appeal because no formal decree had been drawn up and lodged. It also confirmed that the time to challenge an arbitration award could not be extended.
