Uganda Case Law

Ochaya George v Ocan Ben Benson

Ochaya George v Ocan Ben Benson (Miscellaneous Application No. 9 of 2025) [2025] UGHC 500 (10 July 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 9 of 2025

Judge

Okello, J

The court found that the applicant's reasons for delay related to events in 2023, which were not relevant to the period after the trial court record was certified and available on 9th April, 2024. The applicant failed to explain the delay from that date until the application was filed on 27th July, 2024. The court held that the applicant did not act diligently and only sought extension after being served with an eviction notice, suggesting the application was an afterthought. The procedural error of filing a notice of appeal instead of a memorandum was noted, but the court, guided by the prin…

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• Extension Of Time
• Appeals From Magistrates Court
• Procedural Errors
• Land Ownership Disputes

Nabunya v Wasswa and 2 Others

Nabunya v Wasswa and 2 Others (Miscellaneous Application 2885 of 2023) [2023] UGHCLD 362 (10 November 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 2885 of 2023

Judge

Naluzze Aisha Batala, J

The High Court declined to strike out a civil appeal for alleged non-service of the memorandum, holding that the applicant had appeared in the appeal and that justice favored hearing the matter.

• Service Of Process
• Appeals From Magistrates Court
• Memorandum Of Appeal
• Inherent Powers Of Court
• Service-of-process
• Appeals-from-magistrates-court

Mulwana v UNS-SACCO Limited

Mulwana v UNS-SACCO Limited (Civil Appeal 49 of 2020) [2023] UGSC 66 (15 September 2023)

Court

Supreme Court of Uganda

Case number

Civil Appeal 49 of 2020

Judge

Anna B. Mugenyi, J

The court held that appeals from orders made under Order 36 of the Civil Procedure Rules are not appealable as of right under Order 44 rule 1. The applicant was required to first seek leave of the court that made the order before filing the appeal. The omission to seek such leave is not a mere procedural matter but an essential step. As the appellant did not obtain leave, the appeal is incompetent and must be struck out. The court relied on statutory provisions and binding case law to reach this conclusion, emphasizing that the right to appeal is statutory and must be exercised in accordance…

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• Leave To Appeal
• Appeals From Magistrates Court
• Order 36 Cpr
• Order 44 Cpr
• Competence Of Appeal

Lawino v Akuru

Lawino v Akuru (Miscellaneous Application No. 141 of 2021) [2023] UGHCCD 33 (27 February 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 141 of 2021

Judge

Okello, J

The High Court held that an appeal from the Magistrates Court to the High Court must be started by memorandum of appeal, not notice of appeal.

• Appeals From Magistrates Court
• Memorandum Of Appeal Requirement
• Notice Of Appeal Incompetence
• Execution Of Decree
• Court Registry Practice
• Appeals-from-magistrates-court

Kaweesa v Mugisha

Kaweesa v Mugisha (Civil Appeal No. 28 of 2013) [2014] UGHCLD 21 (22 April 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal No. 28 of 2013

Judge

Anna B. Mugenyi, J

The High Court struck out a civil appeal for want of leave to appeal, holding that failure to obtain leave made the appeal incompetent and incapable of being heard on the merits.

• Leave To Appeal
• Competence Of Appeal
• Appeals From Magistrates Court
• Order 44 Civil Procedure Rules
• Leave-to-appeal
• Competence-of-appeal