Uganda Case Law

Vicent Kafureka v Yowana Katorobo

Vicent Kafureka v Yowana Katorobo (Civil Appeal No.12 Of 1995) (Civil Appeal No.12 of 1995) [2002] UGHC 79 (15 November 2002)

Court

High Court of Uganda

Case number

Civil Appeal No.12 of 1995

The appeal was found incompetent because the memorandum of appeal was not accompanied by a properly extracted formal order or decree as required by law. The extracted order on file was dated eight days after the order referenced in the memorandum, creating uncertainty as to which order was being appealed. This defect goes to the jurisdiction of the appellate court and cannot be waived or cured by reliance on Article 126(2)(e) of the Constitution. The court applied binding precedent and the Civil Procedure Rules to conclude that the appeal must be struck out with costs.

Source excerpt

• Appeal Incompetence
• Extraction Of Order
• Jurisdictional Defect

Old East Africa Trading Company Limited v Jetha (Appeal No. 13 of 1956)

Old East Africa Trading Company Limited v Jetha (Appeal No. 13 of 1956) [1950] EACA 264 (1 January 1950)

Court

East African Court of Appeal

Case number

Appeal No. 13 of 1956

Judge

Bacon, JA, Briggs (Acting Vice-President), Worley, P

The appeal was dismissed as incompetent because the High Court order had not been extracted before lodging the appeal, leaving no order to appeal from.

• Appeal Timeliness
• Leave To Appeal
• Extraction Of Order
• Procedural Incompetence
• Civil-procedure
• Appeal-timeliness