Setengeri v Asiimwe (Miscellaneous Application 56 of 2024) [2024] UGHC 1034 (30 October 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 56 of 2024
Judge
Wagona, J
The High Court at Fort Portal dismissed an application to review an order granting leave to defend, holding the complaint was not an error apparent on the face of the record.
Coline House Limited v KTA Advocates (Miscellaneous Application 1141 of 2023) [2024] UGCommC 300 (18 September 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1141 of 2023
Judge
Harriet Grace Magala, J
The High Court partly allowed a review application, accepted the 2018 valuation for payment purposes, and held that court vacation does not stop the 30-day time limit.
Mutyaba v I & M Bank (U) Limited (Miscellaneous Application 640 of 2024) [2024] UGCommC 187 (3 July 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 640 of 2024
Judge
Harriet Grace Magala, J
The application for leave to appear and defend was filed outside the prescribed ten-day period as stipulated under Order 36 rule 3(1) of the Civil Procedure Rules. The computation of time includes public holidays and weekends unless the last day falls on such a day, in which case the period extends to the next working day. In this case, the last day was not a public holiday or weekend, and the application was filed one day late. The constitutional principle under Article 126(2)(e) does not apply to extend statutory time limits for instituting proceedings. The absence of an application to exte…
The court found that the appeal was filed out of time. Regulation 45(1) of the Employment Regulations, 2011, requires that a notice of appeal be filed within thirty days of the Labour Officer's decision. The appellant's argument that Sundays and public holidays should be excluded from the computation of time was rejected, as such exclusions only apply to periods of less than six days. The court applied Section 34(1) of the Interpretation Act and relevant case law, holding that the thirty-day period began the day after the Labour Officer's decision and included all days except the trigger day.…
Asiimwe Philemon v Setengeri Clever (Miscellaneous Application 110 of 2023) [2024] UGHC 112 (25 March 2024)
Court
High Court of Uganda
Case number
Miscellaneous Application 110 of 2023
Judge
Wagona, J
The High Court at Fort Portal granted unconditional leave to defend a summary suit, finding the application was timely and that triable issues existed.
Makumbi Banalya Yawe v Mawejje Yawe (MISCELLANEOUS APPLICATION NO. O341 OF 2023) [2024] UGHC 1215 (23 January 2024)
Court
High Court of Uganda
Case number
MISCELLANEOUS APPLICATION NO. O341 OF 2023
Judge
Nabakooza, J
The High Court dismissed an application for leave to appeal as time-barred, finding it was filed outside the 14-day limit and no extension of time had been sought.
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.…
Post Bank (U) Limited vs William Barigye (Civil Appeal No. HCT-02-CV-AC 301 of 2018) [2023] UGCA 62 (23 February 2023)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. HCT-02-CV-AC 301 of 2018
Judge
Buteera, DCJ
The Court of Appeal held that the High Court erred in striking out the appeal as filed out of time. The computation of the 30-day period for filing the appeal must exclude Sundays and public holidays, and the appellant was entitled to file on the next working day, as provided by Section 34 of the Interpretation Act and Order 51 Rule 3 of the Civil Procedure Rules. The Court further held that failure to extract a decree prior to filing the appeal is a technicality and not fatal, provided the judgment is on record. The High Court should have considered the merits of the appeal. Accordingly, the…
Hon.Maj.Gen.(Rtd) Kahinda Otafire v The New Vision Printing and Publishing Corporation and 2 Others (Civil Suit No. 505 of 2019) [2022] UGHCCD 88 (20 May 2022)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 505 of 2019
Judge
Boniface Wamala, J
The High Court held that the defence was filed in time after excluding the Christmas recess, but dismissed the defamation suit as res judicata.
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.