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Uganda decisions
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Bujingo and Others v Abubakari and Others (Civil Miscellaneous Application 745 of 2022) [2023] UGCA 168 (30 May 2023)
The Court of Appeal dismissed a stay application, holding there was no valid Notice of Appeal because it was filed out of time and backdated.
Bujingo and 3 Others v Kikoba and 2 Others (Miscellaneous Civil Application 745 of 2022) [2023] UGCA 157 (4 May 2023)
The Court of Appeal dismissed an application for stay of execution pending appeal, finding there was no valid notice of appeal because it was filed out of time and backdated.
Mpanga Mukasa and Another ( Administrators of the estate of the late Kisitu) v Kizza Barya (Civil Miscellaneous Application No. 479 of 2021) [2021] UGHCLD 93 (10 May 2021)
The High Court granted a stay of execution pending appeal, finding the notice of appeal timely, substantial loss likely, and existing title custody sufficient security.
Standard Chartered Bank (u) Ltd v Mwesigwa (Civil Application No. 0138 of 2013) [2019] UGCA 2071 (23 December 2019)
The Court found that the respondent did not have an automatic right of appeal against the order in HCMA No. 477 of 2012 and was required to obtain leave of court before filing a Notice of Appeal. However, Rule 76(4) provides that it is not necessary to obtain leave before lodging the Notice of Appeal. The respondent filed the Notice of Appeal six days after leave was granted, but the Court held that the Notice should have been filed immediately after the ruling, regardless of the leave application. The Notice of Appeal was therefore filed out of time. The preliminary objections regarding the…
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Reime (U) v Paul Balaba Ltd (Miscellaneous Application No. 195 of 2017) [2018] UGIC 18 (13 April 2018)
The application for stay of execution fails because the notice of appeal was filed outside the statutory 14-day period and no extension of time was granted, rendering the notice invalid. Without a valid notice of appeal, the application for stay lacks a legal basis. Furthermore, the applicant did not provide evidence of substantial loss or security for costs as required by law. The court finds that the applicant is using the appeal process to frustrate execution rather than pursue a genuine appeal. However, the court grants a conditional stay: if the applicant deposits the decretal amount or…
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Omara Vs Andiro & Another (Election Petition Appeal No. 106 of 2016 & Election Petition Application No. 42 of 2017) [2017] UGCA 62 (31 October 2017)
The Court found that the appellant failed to comply with mandatory procedural requirements for prosecuting an election petition appeal, specifically by lodging the Notice of Appeal, Memorandum of Appeal, and Record of Proceedings outside the prescribed time limits and failing to serve the respondents in time. No application for extension of time was made, and the appellant did not appear to prosecute the appeal. The Court emphasized that strict adherence to procedural timelines is essential in election petition matters due to their urgent nature and the need for certainty in electoral outcome…
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Giuliano Garigio v Claudio Casadio (Civil Appeal 13 of 2010) [2013] UGSC 1 (29 January 2013)
The Supreme Court held that the Registrar of the Court of Appeal does not have the power to grant leave to file a Notice of Appeal out of time for appeals to the Supreme Court. Practice Direction No. 01 of 2004 only empowers Registrars to extend time for acts relating to the Court of Appeal, not the Supreme Court. The Notice of Appeal in this case was filed outside the prescribed 14-day period, and the purported extension granted by the Registrar was invalid. The withdrawal of the respondent's objection did not cure the procedural defect. Consequently, the appeal was incompetent and was struc…
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