Uganda Case Law

Ayieyo and Another v Attorney General of the Republic of Kenya and Another (Application No.1 of 2024)

Ayieyo and Another v Attorney General of the Republic of Kenya and Another (Application No.1 of 2024) [2025] EACJ 5 (3 March 2025) (Appellate Division)

Court

East African Court of Justice

Case number

Application No.1 of 2024

Judge

Barishaki JA, Kayobera JP, Makungu JA, M'lnoti JA, Mugeni VP

The Court found that while the Applicants identified procedural irregularities in the filing and amendment of the Record of Appeal, the Respondents provided sufficient explanation for the delay and demonstrated that the omissions did not affect the substance of the appeal or prejudice the Applicants. The Court distinguished the cited authority on affidavits by counsel, holding that the affidavit in question was proper as it related to matters within the deponent's knowledge and did not risk cross-examination. The Court exercised its discretion under Rule 4 to save the appeal in the interest o…

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• Appeal Striking Out
• Record Of Appeal
• Procedural Irregularities
• Amendment Of Pleadings

Ssemakula v Asiimwe

Ssemakula v Asiimwe (Civil Reference 4 of 2023) [2023] UGSC 22 (11 August 2023)

Court

Supreme Court of Uganda

Case number

Civil Reference 4 of 2023

Judge

Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Madrama , JSC

The Supreme Court held that a single Justice does not have jurisdiction to strike out an appeal, as such power is reserved for a fully constituted bench under section 8 of the Judicature Act and Rule 50(2)(c) of the Supreme Court Rules. The Court further determined that, for computation of time to lodge an appeal, the period of Christmas vacation should be excluded, and the most proximate definition is that provided under Order 51 Rule 4 of the Civil Procedure Rules (24th December to 15th January). Applying this exclusion, the appellant's appeal was filed within the prescribed 60-day period.…

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• Computation Of Time
• Court Vacation Periods
• Jurisdiction Of Single Justice
• Appeal Striking Out
• Extension Of Time
• Supreme Court Rules

Kayigwa v Prof. Eleanor

Kayigwa v Prof. Eleanor (Miscellaneous Application No. 542 of 2022) [2022] UGHCLD 204 (17 October 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 542 of 2022

Judge

Nkonge, J

The court found that the respondent did not need to seek prior leave to file the appeal, as it was filed within the prescribed time after accounting for the delay in obtaining the record of proceedings. However, the respondent was guilty of dilatory conduct, having failed to prosecute the appeal or comply with court directives, and took no further action to advance the appeal or settlement. The court further held that the respondent was in contempt of court for failing to comply with existing orders, including an order to pay compensation and vacate the applicant's land, and had not purged he…

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• Appeal Striking Out
• Leave To Appeal
• Contempt Of Court
• Dilatory Conduct
• Eviction Disputes

Katsigazi v Musanyusa

Katsigazi v Musanyusa (Miscellaneous Application No. 21 of 2021) [2022] UGHCLD 40 (3 March 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 21 of 2021

Judge

Kazibwe, J

The High Court struck out Civil Appeal No. 007 of 2018 for delay and non-compliance with service and prosecution timelines, with costs to the Applicant.

• Service Of Process
• Appeal Striking Out
• Timeliness Of Appeals
• Abuse Of Process
• Civil-procedure
• Service-of-process

Attorney General v Christoper Sales and Another

Attorney General v Christoper Sales and Another (Civil Application No. 150 of 2019) [2021] UGCA 197 (5 December 2021)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 150 of 2019

Judge

Madrama, JA, Kibeedi Mutangula, JA, Musota, JA

The Court of Appeal reviewed and set aside an earlier order striking out an appeal, holding the appeal had been filed in time and reinstating it for hearing.

• Appeal Striking Out
• Review Of Court Orders
• Computation Of Time
• Service Of Documents
• Civil-procedure
• Appeal-striking-out

Nyakana v Valley Technical Services Limited

Nyakana v Valley Technical Services Limited (Civil Application 200 of 2016) [2020] UGCA 2167 (8 October 2020)

Court

Court of Appeal of Uganda

Case number

Civil Application 200 of 2016

Judge

Kakuru, JA, Kiryabwire, JA, Madrama Izama, JA

The Court of Appeal struck out a notice of appeal and the related appeal as filed far outside the prescribed time, holding the appeal incompetent under the rules.

• Appeal Striking Out
• Jurisdiction Of Trial Court
• Time Limits For Appeal
• Execution Of Judgments
• Appeal-striking-out
• Time-limits-for-appeal

Butebi Investment Enterprises Ltd v Kibalama Mugwanya

Butebi Investment Enterprises Ltd v Kibalama Mugwanya (Civil Application No. 354 of 2013) [2020] UGCA 3 (10 January 2020)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 354 of 2013

Judge

Musota, JA, Muhanguzi, JA, Kasule, JA

The respondent failed to serve the notice of appeal and the letter requesting proceedings on the applicant within the prescribed time as required by Rule 78. However, the respondent filed all necessary documents in time and the lapse was due to counsel's negligence. The court found that such error should not be visited on the litigant, especially where the substance of the dispute can be determined on its merits and the delay did not render the appeal process inoperative. Applying the principles from Banco Arabe Espanol v. Bank of Uganda and National Enterprises Corporation v. Mukisa Foods, t…

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• Appeal Striking Out
• Service Of Notice
• Procedural Timelines
• Mistake Of Counsel

Buteera and Another v Kyairagwire and Another

Buteera and Another v Kyairagwire and Another (CIVIL APPEAL NO. 28 OF 2009) [2018] UGCA 246 (4 June 2018)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 28 OF 2009

Judge

Madrama J, Kiryabwire, JA, Kakuru, JA

The Court of Appeal struck out this civil appeal for delay, failure to substitute deceased respondents, and an incompetent memorandum raising fact and law in a second appeal.

• Appeal Striking Out
• Death Of Party
• Legal Representative Joinder
• Memorandum Of Appeal
• Abuse Of Process
• Civil-procedure

Kalokoka v Nduga (Misc. Application No. 497 of 2014)

Kalokoka v Nduga (Misc. Application No. 497 of 2014) [2015] UGHCCD 112 (18 November 2015)

Court

HC: Civil Division (Uganda)

Case number

Misc. Application No. 497 of 2014

Judge

Musota, J

The court found that there was no error apparent on the face of the record in striking out Civil Appeal No. 001 of 2013, as the requirement to extract a decree before appealing is a mandatory legal prerequisite. The applicant and his counsel failed to take any steps to comply with this requirement, and the mistake of counsel does not constitute sufficient reason for review in the absence of evidence of diligence or attempts to comply with the law. The grounds advanced by the applicant required examination and argument, and thus did not meet the threshold for an error apparent on the face of t…

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• Review Of Judgment
• Error Apparent On Record
• Sufficient Reason
• Decree Extraction
• Appeal Striking Out

Uganda Corporation Creamaries Ltd and Henry Kawalya v Reamaton Ltd

Uganda Corporation Creamaries Ltd and Henry Kawalya v Reamaton Ltd (Civil Application 71 of 1999) [2000] UGCA 54 (20 April 2000)

Court

Court of Appeal of Uganda

Case number

Civil Application 71 of 1999

Judge

Manyindo, DCJ, Okello, JA, Mpagi-Bahigeine, JA

The Court of Appeal struck out an application for stay of execution because there was no valid pending appeal after the extension-of-time order was set aside.

• Stay Of Execution
• Appeal Striking Out
• Extension Of Time
• Preliminary Decree
• Competency Of Application
• Stay-of-execution