Masiko v Magara and 4 Others (Civil Appeal 39 of 2024) [2025] UGHC 108 (31 January 2025)
Court
High Court of Uganda
Case number
Civil Appeal 39 of 2024
Judge
Byaruhanga Rugyema, J
The High Court upheld the competence of a late-filed appeal, excluded time spent preparing certified records, and dismissed the appeal over taxation and costs.
Masiko v Magara and 4 Others (Civil Appeal 39 of 2024) [2025] UGHC 107 (31 January 2025)
Court
High Court of Uganda
Case number
Civil Appeal 39 of 2024
Judge
Byaruhanga Rugyema, J
The court found that the memorandum of appeal was filed within the statutory period when the time taken by the lower court to prepare and certify the record was excluded, as required by Section 79(2) CPA. The preliminary objection regarding competence of the appeal was overruled. On the merits, the court held that Smak Advocates' representation of the Respondents was not objected to by the parties, and the absence of a notice of instructions was a technicality that did not prejudice the Appellant. However, instruction fees and costs prior to the filing of instructions would not be recoverable…