Kanyomozi v Motor Mart (U) Ltd
Kanyomozi v Motor Mart (U) Ltd [1999] UGSC 6 (12 February 1999)
The Supreme Court found that, although the delay in bringing the application was inordinate and the explanations for the delay were unsatisfactory, the overriding consideration was that injustice would result if the appeal was not heard on its merits. The court accepted that the applicant should not be penalized for the honest mistake or oversight of his counsel, and that damages against the advocate would not be a sufficient remedy. The court exercised its discretion under Rule 4 of the Supreme Court Rules to grant an extension of time, allowing the applicant to file for restoration of the a…
Source excerpt
- Extension Of Time
- Restoration Of Appeal
- Counsel Error
- Procedural Default