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Uganda decisions
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Lukakamwa v Kagoya (HCT-03-CV-CA 63 of 2020) [2023] UGHC 180 (8 December 2023)
The High Court dismissed a land appeal after finding all grounds of appeal were argumentative and narrative, contrary to Order 43 rule 1(2) of the Civil Procedure Rules.
Kwezi and 2 Others v Kyomuhendo Mugungu and 2 Others (Miscellaneous Application No. 56 of 2019) [2021] UGHCCD 182 (6 September 2021)
The court held that while the failure to accompany the Notice of Motion with a summary of evidence, list of witnesses, and authorities is not fatal due to the specific provisions governing motions supported by affidavit, the failure to serve the application within the mandatory 21-day period prescribed by O.5 r.1(2) CPR, without seeking an extension, is fatal. The mandatory nature of the service timeline cannot be cured by constitutional technicality provisions. As a result, the application is incompetent and must be dismissed. The court exercised its discretion to reject the objection regard…
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