Masiibiri v Sugar Corporation Uganda Limited and Kagiri (CIVIL APPLICATION NO.17 OF 2001) [2001] UGCA 45 (11 October 2001)
Court
Court of Appeal of Uganda
Case number
CIVIL APPLICATION NO.17 OF 2001
Judge
Twinomujuni, JA
The court found that the application was filed by Nathan Twinomugisha, an advocate who did not possess a valid practicing certificate at the material time. The applicant failed to challenge this assertion by affidavit, and the evidence was therefore accepted as uncontroverted. In accordance with established legal principles, documents filed by an advocate without a practicing certificate are invalid and incapable of commencing a valid application. The application was thus incompetent and had to be struck out with costs to the respondent.
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.
Uganda Revenue Authority v Bushenyi Commercial AG and 2 Others (Civil Application No. 54 of 1997) [1998] UGCA 21 (21 January 1998)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 54 of 1997
The court held that Rule 82 presupposes the existence of a valid notice of appeal before an application to lodge an appeal out of time can be considered. In this case, the applicant's original notice of appeal had been struck out, and no valid notice was in existence at the time of the application. The court found that, in the absence of a subsisting notice of appeal, the application was incompetent. The court further noted that the intention of counsel to file a fresh notice was not reflected in the documents before the court, and the court is bound to proceed on the basis of the documents a…