Uganda Case Law

Akaka Denis and Others v Julius Peter Nono

Akaka Denis and Others v Julius Peter Nono (Miscellaneous Application No. 7 of 2025) [2025] UGHC 447 (20 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 7 of 2025

Judge

Mwaka, J

The court found that the Applicants' delay in filing the application was not solely justified by lack of telecoms network, which was considered dubious. However, the court accepted that their counsel, who attended the judgment, failed to timely inform the Applicants, and this lack of professional diligence constituted sufficient cause for the delay. The court also considered the fundamental importance of the land dispute to the parties' livelihoods and the absence of prejudice to the Respondent, who acquiesced in a consent agreement. In the interests of substantive justice, the court exercise…

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• Enlargement Of Time
• Leave To Appeal Out Of Time
• Land Ownership Disputes
• Appeal Procedure

Dr. David Wilfred Ochan v Pauline Otika

Dr. David Wilfred Ochan v Pauline Otika (Miscellaneous Application No. 104 of 2024) [2025] UGHC 419 (17 June 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 104 of 2024

Judge

Mwaka, J

The High Court dismissed an application to enlarge time and validate submissions after finding no credible explanation for a six-year delay and misuse of parallel remedies.

• Enlargement Of Time
• Leave To Appeal Out Of Time
• Review Of Judgment
• Abuse Of Process
• Land Ownership Disputes
• Enlargement-of-time

Egesa Noah v Post Bank Uganda Limited

Egesa Noah v Post Bank Uganda Limited (Miscellaneous Application 2503 of 2023) [2025] UGCommC 110 (27 May 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2503 of 2023

Judge

Susan Odongo, J

The High Court determined that, although the application was brought under the wrong provisions, it retained jurisdiction to entertain the application for leave to appeal out of time, as guided by Rule 2 and Rule 42(1) of the Judicature (Court of Appeal Rules) Directions. The applicant demonstrated sufficient cause for the delay, primarily due to the court's failure to notify him of the judgment delivery as previously undertaken, and the delay was not inordinate. The court found that the grounds of appeal raised substantial matters, and that granting the extension would not occasion significa…

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• Leave To Appeal Out Of Time
• Extension Of Time
• Bank Customer Duty Of Care
• Atm Fraud Liability
• Procedural Jurisdiction
• Appeal Timelines

Nalubowa v Nasazi

Nalubowa v Nasazi (Miscellaneous Application 162 of 2024) [2025] UGHC 288 (9 April 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 162 of 2024

Judge

Karemani Jamson K, J

The court found that the applicant's delay in filing the memorandum of appeal was primarily due to the delay in obtaining a certified copy of the record of proceedings from the lower court, a factor outside her control. The court applied the principle that the time for lodging an appeal does not begin to run until the appellant receives the necessary proceedings. The memorandum of appeal was filed promptly after the record was available, rendering the application for leave to appeal out of time unnecessary. The court further exercised its inherent powers to validate service of the application…

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• Extension Of Time
• Leave To Appeal Out Of Time
• Land Dispute
• Validation Of Appeal
• Procedural Delay

Kisomose v Kkantana Investment Limited

Kisomose v Kkantana Investment Limited (Miscellaneous Application 822 of 2024) [2025] UGHCLD 34 (21 February 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 822 of 2024

Judge

Naluzze Aisha Batala, J

The court found that the respondent's affidavit in reply was filed outside the statutory timelines without leave and was therefore struck out. On the substantive issue, the court held that the applicant demonstrated good cause for the delay in filing the appeal, primarily due to the negligence of his former counsel, which should not be attributed to him. The court relied on established principles that allow for enlargement of time and protect litigants from the consequences of counsel's mistakes. However, the court declined to stay execution of the judgment because no formal appeal was yet be…

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• Leave To Appeal Out Of Time
• Stay Of Execution
• Default Judgment
• Eviction Proceedings

Okello v Okello

Okello v Okello (Miscellaneous Application 32 of 2024) [2024] UGHC 1114 (27 December 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 32 of 2024

Judge

Philip W Mwaka

The court found that while the applicant failed to file a memorandum of appeal within the prescribed thirty days and instead filed a notice of appeal (which is not the proper mode), this procedural error was not fatal to the application for leave to appeal out of time. The court accepted that the applicant's illiteracy and lack of legal representation constituted sufficient cause for the delay, especially as he attempted to pursue the appeal on his own. The court noted that certified copies of the judgment and proceedings were available from August 2023, and the applicant's delay in obtaining…

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• Enlargement Of Time
• Leave To Appeal Out Of Time
• Memorandum Of Appeal Requirements
• Ignorance Of Procedure
• Affidavit Requirements
• Judicial Discretion

Latigo v Oyaro

Latigo v Oyaro (Miscellaneous Application 9 of 2024) [2024] UGHC 1010 (29 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 9 of 2024

Judge

Mwaka, J

The High Court dismissed a preliminary objection seeking to strike out a reply affidavit filed late in an application for leave to appeal out of time.

• Affidavit Filing Timelines
• Preliminary Objection
• Leave To Appeal Out Of Time
• Affidavit-filing-timelines
• Preliminary-objection
• Leave-to-appeal-out-of-time

Mukwaya v Katarangye

Mukwaya v Katarangye (Miscellaneous Application 4 of 2024) [2024] UGHC 1065 (28 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 4 of 2024

Judge

David S.L. Makumbi, J

The High Court dismissed an application for leave to appeal out of time because it was unsupported by affidavit evidence and raised factual grounds needing proof.

• Leave To Appeal Out Of Time
• Notice Of Motion Requirements
• Affidavit Evidence
• Summary Procedure
• Appeal Rights
• Leave-to-appeal-out-of-time

Alfonsio v Aool & 2 Others

Alfonsio v Aool & 2 Others (Miscellaneous Application 169 of 2023) [2024] UGHC 865 (20 September 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 169 of 2023

Judge

Mwaka, J

The High Court granted leave to appeal out of time, finding the applicant was awaiting the lower court record, but refused stay of execution.

• Leave To Appeal Out Of Time
• Stay Of Execution
• Limitation Periods
• Record Of Appeal Preparation
• Leave-to-appeal-out-of-time
• Stay-of-execution

Tibyambwenu v Byarugaba

Tibyambwenu v Byarugaba (Miscellaneous Application 30 of 2022) [2024] UGHC 837 (5 September 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 30 of 2022

Judge

Emokor, J

The High Court at Kabale granted leave to appeal out of time, finding the applicant had shown sufficient cause after saying he was in prison when judgment was delivered.

• Extension Of Time
• Leave To Appeal Out Of Time
• Land Disputes
• Appeal Procedure
• Extension-of-time
• Leave-to-appeal-out-of-time