Board of Governors & Anor V Phinson E. Odong
Board of Governors & Anor V Phinson E. Odong (Civil Appeal No. MG.2 of 1990) [1991] UGHC 1 (3 July 1991)
The court held that the appeal was incompetent on three main grounds: (1) the appellants failed to extract and file the decree or order appealed from together with the memorandum of appeal, as required by section 232(1) of the Magistrates Courts Act and established case law; (2) the order appealed from was not one from which an appeal lies as of right under section 77(1) of the Civil Procedure Act and Order 40 rule 1 of the Civil Procedure Rules, and no leave to appeal was sought or granted; (3) the appeal was filed out of time, as the memorandum of appeal was lodged almost a year after the o…
Source excerpt
- Appeals Procedure
- Time Limitation
- Filing Requirements
- Cross Appeals
- Public Nuisance Actions