Uganda Case Law

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…

Source excerpt

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

Angunia & 2 Others v Joma

Angunia & 2 Others v Joma (Civil Appeal 18 of 2022) [2024] UGHC 969 (3 October 2024)

Court

High Court of Uganda

Case number

Civil Appeal 18 of 2022

Judge

Acellam, J

The High Court dismissed a land appeal after finding the sole ground too general and non-compliant with the Civil Procedure Rules.

• Memorandum Of Appeal Requirements
• Customary Land Ownership
• Trespass
• Remedies In Land Disputes
• Civil-appeals
• Order-43-civil-procedure-rules

Stellah Moments Decorations v Muwanga T/A Kitavuja General Agencies

Stellah Moments Decorations v Muwanga T/A Kitavuja General Agencies (Civil Appeal 8 of 2019) [2024] UGHCCD 34 (20 February 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 8 of 2019

Judge

Boniface Wamala, J

The High Court dismissed an appeal challenging distress for rent, holding the appellant’s leave-to-defend application was incompetent and the appeal grounds were defective or unmeritorious.

• Distress For Rent
• Appeals Procedure
• Landlord Tenant Disputes
• Memorandum Of Appeal Requirements
• Distress-for-rent
• Civil-appeal

Ebinu v Ejumu

Ebinu v Ejumu (Miscellaneous Application 166 of 2023) [2023] UGHCCD 235 (12 July 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 166 of 2023

Judge

Adonyo, J

The High Court held that time spent waiting for certified proceedings is excluded under section 79(2), so the appeal was not out of time and the strike-out motion failed.

• Appeal Limitation Period
• Exclusion Of Time For Record Preparation
• Memorandum Of Appeal Requirements
• Land Claim Appeal
• Affidavit Validity
• Appeal-limitation-period

Sebukyu & Another v Zabasajja

Sebukyu & Another v Zabasajja (Civil Appeal 45 of 2020) [2023] UGHC 401 (3 July 2023)

Court

High Court of Uganda

Case number

Civil Appeal 45 of 2020

Judge

Katamba Nkwanga, J

The court found that the only ground of appeal raised by the Appellants did not comply with Order 43 rule 2 of the Civil Procedure Rules, as it failed to specify any distinct error of law or fact. The ground was deemed a fishing expedition, similar to the one dismissed in Attorney General v. Florence Baliraine. The court, being bound by this precedent, held that the appeal disclosed no proper ground for appellate review and therefore lacked merit. Consequently, the appeal was dismissed with costs awarded to the Respondent.

Source excerpt

• Memorandum Of Appeal Requirements
• Grounds Of Appeal
• Preliminary Objection
• Order 43 Rule 2 Cpr

Mwesigye v Nsubuga and 2 Others

Mwesigye v Nsubuga and 2 Others (Election Petition Appeal No. 12 of 2020) [2022] UGHCCD 65 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 12 of 2020

Judge

Musa Ssekaana, J

The High Court struck out an election petition appeal after finding the memorandum unsigned and the grounds argumentative, holding the appeal was incurably defective.

• Memorandum Of Appeal Requirements
• Procedural Irregularities
• Nomination Of Candidates
• Costs Award
• Self Represented Litigants
• Election-petitions

Uganda v Okong & Anor (Crim. Appeal No.06/2011)

Uganda v Okong & Anor (Crim. Appeal No.06/2011) [2011] UGHC 125 (31 August 2011)

Court

High Court of Uganda

Case number

Crim. Appeal No.06/2011

Judge

Bamugemereire, J

The High Court dismissed a criminal appeal after finding the memorandum of appeal was defective, lacking particularised grounds as required by law.

• Abuse Of Office
• Causing Financial Loss
• Appeal Procedure
• Memorandum Of Appeal Requirements
• Criminal-appeals
• Memorandum-of-appeal

Uganda v Bukenya

Uganda v Bukenya (Criminal Appeal No. 21-2004) [2005] UGHCCRD 37 (27 July 2005)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No. 21-2004

Judge

Mugamba, J

The High Court dismissed a criminal appeal after finding the memorandum was filed out of time and the sole ground of appeal lacked required particulars.

• Appeal Timeliness
• Memorandum Of Appeal Requirements
• Grounds Of Appeal Particularity
• Criminal-appeals
• Appeal-timeliness
• Grounds-of-appeal

Isharaza v Beyunga (HCT-05-CV-CA-005-2004)

Isharaza v Beyunga (HCT-05-CV-CA-005-2004) [2004] UGHC 76 (7 October 2004)

Court

High Court of Uganda

Case number

HCT-05-CV-CA-005-2004

The court found that the memorandum of appeal was defective as it did not set out the grounds of objection concisely and under distinct heads as required by Order 39 rule 1(2) of the Civil Procedure Rules. The appellant attempted to argue grounds not apparent in the memorandum without seeking leave of court, contrary to Order 39 rule 2. The court relied on the precedent in Moro Okolla vs John Lalobo [1979] HCB 54, which held that a memorandum of appeal not complying with the rules is incurably defective and must be rejected. Consequently, the appeal was struck out with costs.

Source excerpt

• Memorandum Of Appeal Requirements
• Grounds Of Appeal
• Leave Of Court
• Striking Out Defective Pleadings

Namoda v The New Vision Printing & Publishing Corporation

Namoda v The New Vision Printing & Publishing Corporation (Civil Appeal No. 21.98) [1999] UGCA 73 (4 March 1999)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 21.98

Judge

kato ,JA, Mpagi-Bahigeine, JA, Kitumba, JA

The Court of Appeal of Uganda struck out an appeal after finding the memorandum defective for failing to comply with Rule 85(1) and for stating vague grounds.

• Memorandum Of Appeal Requirements
• Preliminary Objection
• Rule 85 Compliance
• Civil-procedure
• Appeals
• Memorandum-of-appeal