Uganda Case Law

Changa & 8 Others v Toskin

Changa & 8 Others v Toskin (Miscellaneous Application 81 of 2022) [2024] UGHC 763 (21 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 81 of 2022

Judge

Lubega, J

The application to set aside the dismissal order and reinstate Civil Appeal No. 081 of 2022 fails because the appeal was dismissed under mandatory provisions of the Civil Procedure Rules for want of service and prosecution. The relevant rules (Order 5 rule 1, Order 43 rule 11, and Order 5 rule 3) prescribe statutory consequences for non-compliance, namely dismissal without discretion. The only remedy available to the applicants is to seek leave to file a fresh appeal out of time, subject to the law of limitation. The court cannot reinstate an appeal dismissed under these mandatory provisions,…

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• Dismissal For Want Of Service
• Reinstatement Of Appeal
• Mandatory Procedural Rules
• Service Of Process
• Land Ownership Dispute

Gulyetonda v Muganwa Kajura and 2 Others

Gulyetonda v Muganwa Kajura and 2 Others (Election Petition 19 of 96) [1996] UGHC 51 (24 September 1996)

Court

High Court of Uganda

Case number

Election Petition 19 of 96

Judge

Tinyinondi, J

The petition was struck out for being filed in the wrong registry, in contravention of the mandatory requirements of Rule 5(6) of the Parliamentary Elections (Election Petitions) Rules, 1996. The court held that the rule is clear and unambiguous, requiring election petitions to be filed in the District Registry of the High Court for the area of the constituency. Failure to comply with this requirement renders the petition incompetent and deprives the court of jurisdiction to try it. The court rejected arguments that the absence of a valid practising certificate by the advocate who drew and fi…

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• Filing Venue Requirements
• Practising Certificate Advocate
• Commissioner For Oaths Affidavit
• Mandatory Procedural Rules
• Jurisdiction Of High Court

Munshiram and Co. v Star Soda Water Factory

Munshiram and Co. v Star Soda Water Factory (Civil Appeal No. 25 of 1934.) [1934] EACA 14 (1 January 1934)

Court

East African Court of Appeal

Case number

Civil Appeal No. 25 of 1934.

Judge

Webb, J

The appeal was dismissed because the appellants failed to file a certified copy of the order appealed from, which the court held was mandatory under Order 39, rule 1.

• Appeal Requirements
• Order 39 Rule 1
• Memorandum Of Appeal
• Mandatory Procedural Rules
• Civil-procedure
• Appeal-requirements