Uganda Case Law

Ayagashenyi & 3 Others v Nkunzingoma & Another

Ayagashenyi & 3 Others v Nkunzingoma & Another (Miscellaneous Application 1 of 2023) [2024] UGHC 164 (28 February 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 1 of 2023

Judge

Emokor, J

The application to reinstate Civil Appeal No. 0023 of 2019 is incompetent because the original appeal was dismissed under Section 17(2) of the Judicature Act, which constitutes a final decree. The High Court lacks jurisdiction to reinstate such an appeal; the only remedy available to the applicants is to appeal the dismissal order. Furthermore, the applicants failed to file a memorandum of appeal, which is the proper mode of commencing an appeal before the High Court, and relied instead on a notice of appeal, which is not recognized by law for this purpose. The applicants exhibited undue dela…

Source excerpt

• Dismissal Of Appeal
• Reinstatement Of Appeal
• Final Decree
• Delay In Prosecution
• Notice Of Appeal
• Costs Award

Hwang Sung Limited v M & D Timber Merchants & Transporters Limited

Hwang Sung Limited v M & D Timber Merchants & Transporters Limited (Civil Appeal 2 of 2018) [2018] UGSC 91 (11 July 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2018

Judge

Mwangusya, JSC, Mwondha, JSC, Buteera, JSC, Nshimye, JSC, Tumwesigye, JSC

The Supreme Court held that a striking-out order that ended the suit was a final decree appealable as of right, and remitted the land dispute for trial.

• Striking Out Suit
• Final Decree
• Right Of Appeal
• Limitation Periods
• Substantive Justice
• Civil-procedure