Uganda Case Law

Good African Foundation Ltd & Another v Agricultural Business Initiative Trust

Good African Foundation Ltd & Another v Agricultural Business Initiative Trust (Miscellaneous Application 1592 of 2021) [2024] UGCommC 30 (19 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1592 of 2021

Judge

Stephen Mubiru, J

The High Court lacks jurisdiction to enlarge time for filing an appeal against its own decisions where the period for appeal is fixed by statute and the power to extend time is expressly vested in the Court of Appeal. The applicants' reliance on Order 51 rule 6 of the Civil Procedure Rules was misplaced, as that provision applies only to time fixed by the Rules or court order, not by statute. There was no procedural gap or lacuna requiring invocation of inherent jurisdiction. Even if the court had jurisdiction, the applicants failed to demonstrate sufficient cause or merit for the intended ap…

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• Enlargement Of Time
• Appeals
• Inherent Jurisdiction
• Court Of Appeal Jurisdiction

Uganda Corporation Creameries Limited and Another v Reamation Limited

Uganda Corporation Creameries Limited and Another v Reamation Limited (Civil Reference No. 11 of 1999) [1999] UGCA 75 (29 June 1999)

Court

Court of Appeal of Uganda

Case number

Civil Reference No. 11 of 1999

Judge

Manyindo, DCJ, Twinomujuni, JA, Kitumba, JA

The Court held that Section 47(2) of the Judicature Statute 1996 gives the Court of Appeal full powers to execute and enforce its own orders and judgments, and permits the application of High Court procedures in execution proceedings. The Registrar of the Court of Appeal therefore has the power to issue warrants of execution. The provisions of the Civil Procedure Act relating to execution do not apply to the Court of Appeal except as provided in Section 47. The reference was struck out as incompetent because the underlying issue was academic: the warrant of attachment was never executed, the…

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• Execution Of Judgments
• Powers Of Registrar
• Warrants Of Attachment
• Court Of Appeal Jurisdiction

Uganda Corporation Creameries Ltd v Kawalya

Uganda Corporation Creameries Ltd v Kawalya (civil Appeal reference 11 of 1999) [1999] UGCA 65 (1 January 1999)

Court

Court of Appeal of Uganda

Case number

civil Appeal reference 11 of 1999

Judge

Manyindo, DCJ, Twinomujuni, JA, Kitumba, JA

The Court of Appeal struck out a reference as academic and held that section 47(2) of the Judicature Statute allows it to execute its own orders and judgments.

• Execution Of Judgments
• Powers Of Registrar
• Court Of Appeal Jurisdiction
• Civil-procedure
• Execution-of-judgments
• Court-of-appeal-jurisdiction