Equity Bank Uganda Limited & 2 Others v Nassiwa
Equity Bank Uganda Limited & 2 Others v Nassiwa (Civil Appeal 9 of 2020) [2023] UGCommC 198 (23 October 2023)
The appeal was filed and served out of time, contrary to Section 79(1)(a) of the Civil Procedure Act and the relevant Civil Procedure Rules. The appellants did not seek leave to file or serve the appeal out of time, nor did they apply to validate the late filing and service. The failure to extract a decree before lodging the appeal is no longer fatal due to the constitutional directive to administer substantive justice without undue regard to technicalities. Abatement rules under Order 17 do not apply to appeals. The memorandum of appeal was validly signed and filed, curing any defect in the…
Source excerpt
- Appeal Timeliness
- Service Of Process
- Money Transfer Disputes
- Bank Liability
- Fraud Standard Of Proof