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16 Jan 2025

Civil Procedure [2025] UGHC 11

Ojok & Another v Anyinge & 2 Others

Ojok & Another v Anyinge & 2 Others (Miscellaneous Application 68 of 2024) [2025] UGHC 11 (16 January 2025)

Court: High Court of Uganda
Case number: Miscellaneous Application 68 of 2024
Judge: Okello, J

The application to set aside the dismissal of Land Appeal No. 003 of 2013 and reinstate it for hearing on merit was denied because the applicant failed to demonstrate sufficient diligence in prosecuting the appeal. The court found that the appeal was dismissed for want of prosecution, not for non-appearance, and that the applicant and his counsel were dilatory throughout the process, including significant delays in following up the matter and lodging the present application. The court held that the invocation of its inherent powers under section 98 of the Civil Procedure Act is not automatic…

Source excerpt

Dismissal For Want Of Prosecution
Reinstatement Of Appeal
Inherent Powers Of Court
Diligence In Prosecution
Land Dispute Appeals

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6 Jan 2017

Election Petitions [2017] UGCA 2

Abiriga Ibrahim Y.A v Musema Mudathir Bruce

Abiriga Ibrahim Y.A v Musema Mudathir Bruce (Election Petition Application No.24 of 2016) [2017] UGCA 2 (6 January 2017)

Court: Court of Appeal of Uganda
Case number: Election Petition Application No.24 of 2016

The Court held that the computation of time for filing a Memorandum of Appeal in election matters is governed by Rule 30 of the Parliamentary Elections (Election Petitions) Rules. The Notice of Appeal was given on 24th June 2016, so the seven-day period expired on 1st July 2016. The respondent filed the Memorandum of Appeal on 5th July 2016, four days out of time, and did not seek extension or validation. The Court rejected the respondent's argument that the period should run from the date the Notice was lodged with the Registrar, holding that the relevant date is when the Notice is given. Th…