The Supreme Court held that a single Justice does not have jurisdiction to strike out an appeal, as such power is reserved for a fully constituted bench under section 8 of the Judicature Act and Rule 50(2)(c) of the Supreme Court Rules. The Court further determined that, for computation of time to lodge an appeal, the period of Christmas vacation should be excluded, and the most proximate definition is that provided under Order 51 Rule 4 of the Civil Procedure Rules (24th December to 15th January). Applying this exclusion, the appellant's appeal was filed within the prescribed 60-day period.…
Uganda Revenue Authority v National Social Security Fund (Civil Application 43 of 2023) [2023] UGCA 162 (24 March 2023)
Court
Court of Appeal of Uganda
Case number
Civil Application 43 of 2023
Judges
Kihika, JA
The Court found that, pursuant to Section 12 of the Judicature Act, a single justice of the Court of Appeal has jurisdiction to hear and determine interlocutory applications, including substantive applications for stay of execution, and that Rule 53(2) of the Court of Appeal Rules is void to the extent of its inconsistency with the Act. However, on the merits, the applicant failed to provide material evidence establishing a prima facie case or likelihood of success on appeal, nor did it demonstrate irreparable damage or that the appeal would be rendered nugatory if the stay was not granted. T…
Kato Bumali v Uganda [2020] UGSC 14 (26 June 2020)
Court
Supreme Court of Uganda
Judge
Buteera, JSC
The application before the Supreme Court improperly combines two distinct requests: extension of time to apply for a certificate of importance and the substantive application for the certificate itself. Under Rule 50(1), (2)(a) of the Supreme Court Rules, a single Justice lacks jurisdiction to hear an application for a certificate of importance, which must be determined by a panel of at least three Justices. While the single Justice has jurisdiction to consider the extension of time, the consolidated nature of the application precludes partial determination. Furthermore, the procedural requir…
Mwesigwa v Petrol Uganda (Civil Application 129 of 2019) [2019] UGCA 2104 (28 May 2019)
Court
Court of Appeal of Uganda
Case number
Civil Application 129 of 2019
Judge
Barishaki-Cheborion, JA
A single judge of the Court of Appeal granted an interim stay of execution, holding that the applicant met the conditions for interim relief and should provide security.
East Africa General Insurance Company Limited v Manubhai Madvhani and 2 Others (Civil Application 14 of 2001) [2001] UGCA 35 (26 March 2001)
Court
Court of Appeal of Uganda
Case number
Civil Application 14 of 2001
Judge
Mpagi-Bahigeine, JA
The Court of Appeal rescinded a single judge’s interim stay of execution for lack of jurisdiction, while dismissing preliminary objections on urgency, affidavit form, and rescission.