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Uganda decisions
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Anyonga v Kibedi & 2 Others (Miscellaneous Application 171 of 2023) [2024] UGHC 185 (5 April 2024)
The High Court dismissed a review application for lack of an extracted decree or order, holding the application was premature and lacked a legal foundation.
Post Bank (U) Limited vs William Barigye (Civil Appeal No. HCT-02-CV-AC 301 of 2018) [2023] UGCA 62 (23 February 2023)
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…
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Byekwaso & Anor v Ndagire (Civil Appeal No. 078 of 2012) [2013] UGHCLD 37 (18 April 2013)
The court held that the extraction of a formal decree is no longer a legal requirement for instituting an appeal, as the constitutional mandate to administer substantive justice without undue regard to technicalities takes precedence over statutory provisions that impose technical requirements. The previous position, which rendered appeals incompetent for failure to extract a decree, was based on pre-1995 law and has been superseded by Article 126(2)(e) of the Constitution and subsequent Court of Appeal decisions. The responsibility to draw up the decree lies with the magistrate, and failure…
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