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Uganda decisions
Decisions matching the current search
Kalokola v Nduga (Civil Appeal No. 001 of 2013) [2014] UGHCCD 75 (19 May 2014)
The High Court struck out a civil appeal because the appellant failed to file the extracted decree, making the appeal incompetent and a nullity.
Byekwaso & Anor v Ndagire (Civil Appeal No. 078 of 2012) [2013] UGHCLD 37 (18 April 2013)
The court held that the extraction of a formal decree is no longer a legal requirement for instituting an appeal, as the constitutional mandate to administer substantive justice without undue regard to technicalities takes precedence over statutory provisions that impose technical requirements. The previous position, which rendered appeals incompetent for failure to extract a decree, was based on pre-1995 law and has been superseded by Article 126(2)(e) of the Constitution and subsequent Court of Appeal decisions. The responsibility to draw up the decree lies with the magistrate, and failure…
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Velji v Hirji (Civil Appeal No. 47 of 1952) [1952] EACA 184 (1 January 1952)
The Court held that although the appellant failed to annex a copy of the decree to the memorandum of appeal at the time of filing, the decree existed and was filed within the appealable period. This procedural slip did not go to the root of jurisdiction and was curable, distinguishing the present case from precedents where the decree did not exist at the time of filing and the defect was incurable. The Court found that a strict interpretation of 'accompanied' would be unduly harsh and that the appeal was competent as the necessary documents were filed before the expiry of the appeal period. T…
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