Kaderbhai v Shamsherali
Kaderbhai v Shamsherali (Civil Application 20 of 2008) [2008] UGSC 25 (17 October 2008)
The Supreme Court found that the applicants' failure to serve the Notice of Appeal and the letter requesting the record of proceedings on the opposite party was due to inadvertence of counsel, not deliberate neglect. The applicants demonstrated consistent interest in pursuing their appeal, and the subject matter—a commercial property of significant value—would result in grave injustice if their appeal was denied on a technicality. The court distinguished this case from precedents where applicants were not vigilant or failed to show prejudice. Applying Rule 5 of the Supreme Court Rules and rel…
Source excerpt
- Extension Of Time
- Appeal Lodgment
- Service Of Process
- Inadvertence Of Counsel
- Ownership Dispute