Uganda Case Law

Attorney General v Okello

Attorney General v Okello (Civil Appeal 92 of 2022) [2024] UGHC 600 (9 July 2024)

Court

High Court of Uganda

Case number

Civil Appeal 92 of 2022

Judge

Phillip Odoki, J

The appeal was filed out of time, contrary to Section 79(1)(b) of the Civil Procedure Act, which mandates that appeals against registrar's orders be filed within seven days. The appellant did not seek leave of court to file the appeal out of time nor provided sufficient cause for the delay. The procedure for appealing against a deputy registrar is by motion on notice, not by endorsement upon the record, and the preliminary objection regarding procedure was overruled. However, the failure to comply with the statutory time limit is fatal, and the appeal is incompetent and must be struck out. Th…

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• Appeal Time Limits
• Procedure For Appealing Registrar Orders
• Representative Suits
• Striking Out Appeal

Attorney General v Okello and 21283 Others

Attorney General v Okello and 21283 Others (Civil Appeal 92 of 2022) [2024] UGHC 598 (9 July 2024)

Court

High Court of Uganda

Case number

Civil Appeal 92 of 2022

Judge

Phillip Odoki, J

The appeal was filed outside the statutory seven-day period prescribed for appeals against orders of a registrar under Section 79(1)(b) of the Civil Procedure Act. No application for leave to appeal out of time was made, nor was any sufficient cause shown for the delay. The procedure for appealing against a deputy registrar's decision is by motion on notice, not by endorsement upon the record, and the appellant's reliance on a notice of appeal and cited authorities was misplaced. Statutory time limits are substantive and must be strictly observed; failure to comply renders the appeal incompet…

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• Appeal Time Limits
• Procedure For Appeals
• Representative Suits
• Court Orders
• Limitation Periods

The Microfinance Support Centre v Kasese Hospital & Another

The Microfinance Support Centre v Kasese Hospital & Another (Miscellaneous Application 7 of 2024) [2024] UGHC 515 (26 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 7 of 2024

Judge

David S.L. Makumbi, J

The High Court dismissed an application to revise taxed costs, holding that the challenge was filed outside the 30-day statutory limit and was time-barred.

• Taxation Of Costs
• Appeal Time Limits
• Costs Revision
• Certificate Of Taxation
• Taxation-of-costs
• Appeal-time-limits

Okot & 4 Others v Abok

Okot & 4 Others v Abok (Miscellaneous Application 133 of 2022) [2024] UGHC 199 (9 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 133 of 2022

Judge

Okello, J

The High Court at Gulu dismissed an application to strike out an appeal as out of time, finding the applicants had not proved when the record and judgment were supplied.

• Appeal Time Limits
• Burden Of Proof
• Striking Out Appeal
• Appeal-time-limits
• Burden-of-proof
• Striking-out-appeal

Patrick Katungi v Lubega Twaha Yiga

Patrick Katungi v Lubega Twaha Yiga (Miscellaneous Cause 37 of 2017) [2024] UGHCLD 23 (24 January 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 37 of 2017

Judge

Naluzze Aisha Batala, J

The High Court granted consequential orders cancelling the respondent’s land title and registering the applicant as proprietor, holding that no valid appeal was pending.

• Cancellation Of Title
• Registration Of Proprietorship
• Consequential Orders
• Appeal Time Limits
• Land-title-cancellation
• Registration-of-proprietorship

Odongo v Amondi

Odongo v Amondi (Civil Appeal No. 11 of 2018) [2020] UGHC 63 (15 July 2020)

Court

High Court of Uganda

Case number

Civil Appeal No. 11 of 2018

Judge

Gadenya, J

The High Court struck out an appeal as incompetent because it was filed out of time and no leave to appeal out of time had been sought.

• Appeal Time Limits
• Preliminary Objection
• Leave To Appeal Out Of Time
• Trespass To Land
• Appeal-time-limits
• Preliminary-objection

Baaki & Anor v Byakika

Baaki & Anor v Byakika (CIVIL APPEAL No. 55 of 2017) [2019] UGHCCD 68 (10 January 2019)

Court

HC: Civil Division (Uganda)

Case number

CIVIL APPEAL No. 55 of 2017

Judge

Elubu, J

The court found that, although the memorandum of appeal was filed approximately two months after the judgment, the intervening period was attributable to the time taken by the court to certify the proceedings. Section 79(2) of the Civil Procedure Act mandates exclusion of such time from the computation of the limitation period. Since there was no evidence indicating when the certified proceedings were delivered, and the record did not specify the date of certification, the court presumed the appeal was filed promptly upon receipt of the proceedings. Therefore, the appeal was deemed to have be…

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• Appeal Time Limits
• Exclusion Of Time For Certification
• Preliminary Objection
• Memorandum Of Appeal
• Court Proceedings Certification

Kellia & Anor v Ovuru

Kellia & Anor v Ovuru (Civil Appeal No. 0002 of 2015) [2016] UGHCCD 71 (13 October 2016)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 0002 of 2015

Judge

Stephen Mubiru, J

The High Court overruled a limitation objection, admitted the appeal for good cause, and ordered the appellants to file a supplementary record.

• Appeal Time Limits
• Memorandum Of Appeal
• Certified Record Of Proceedings
• Good Cause Exception
• Land Dispute
• Civil-appeals

Non-Performing Assets Recovery Trust v Kidega Lakititus

Non-Performing Assets Recovery Trust v Kidega Lakititus (CIVIL APPEALS NOs. 899, 901,902, 903, 904 and 905 Of 1998) [1998] UGHC 37 (24 May 1998)

Court

High Court of Uganda

Case number

CIVIL APPEALS NOs. 899, 901,902, 903, 904 and 905 Of 1998

Judges

Malinga, j

The High Court dismissed consolidated appeals as time-barred, holding time ran from the ruling date, not the later signed order date. It also noted the attachment orders were a nullity.

• Appeal Time Limits
• Execution Of Decrees
• Court Bailiff Fees
• Taxation Of Costs
• Appeal-time-limits
• Execution-of-decrees

Paul J. Erongot v N.P.A.R.T

Paul J. Erongot v N.P.A.R.T (Civil Misc. Application No. 17 of 1997) [1997] UGCA 10 (18 November 1997)

Court

Court of Appeal of Uganda

Case number

Civil Misc. Application No. 17 of 1997

The court held that Section 17(4) of the Non-Performing Assets Recovery Statute, 1994, authorizes the application of written laws applicable to appeals from the High Court in civil cases, including Rule 82 of the Court of Appeal Rules 1996. Rule 82(2) allows exclusion of the period required for preparation and delivery of the record of proceedings, provided the application for the record was made in writing, served on the respondent, and proof of service is retained. The evidence showed that the application for the record was made and served in time, and the record was completed and the appea…

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• Appeal Time Limits
• Statutory Interpretation
• Non Performing Assets
• Record Of Appeal Requirements