Muhenda Mtlton v Uganda Electricity Distribution Co. Ltd (Civil Appeal No. 94 of 2011) [2016] UGCA 97 (9 May 2016)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 94 of 2011
Judge
Bbosa, JA, Kakuru, JA, Musoke, JA
The Court of Appeal of Uganda struck out the appeal as incompetent because the record was incomplete and the appellant gave no sufficient cause for adjournment.
Etienne and Anor v Secretary General of The East African Community (Appeal 6 of 2015) [2016] EACJ 129 (12 February 2016) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal 6 of 2015
Judge
Nkurunziza JA
The Appellate Division struck out the notice and record of appeal for late service and an incomplete record, rejecting reliance on inherent jurisdiction.
National Housing & Construction Company Limited v Kyomukama (Civil Application No. 133 of 2009) [2011] UGCA 18 (2 September 2011)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 133 of 2009
Judge
Mpagi-Bahigeine, DCJ, Twinomujuni, JA, Nshimye, JA
The Court of Appeal struck out the notice of appeal for failure to prove service of the letter requesting proceedings, making the appeal time-barred and incompetent.
Beatrice Kobusingye v Fiona Nyakana & Anor (Civil Appeal 18 of 2001) [2002] UGSC 42 (23 May 2002)
Court
Supreme Court of Uganda
Case number
Civil Appeal 18 of 2001
The Supreme Court held that a third appeal from a Magistrate's court to the Supreme Court is only competent if the record of appeal includes a certificate from the Court of Appeal that the appeal concerns a matter of law of great public or general importance, or an order of the Supreme Court granting leave. The absence of these essential documents renders the appeal incompetent. The court exercised its discretion to allow the respondents to raise the preliminary objection at the hearing, noting that the delay was due to inadvertence and that the appellant had sufficient notice and opportunity…
Uganda Electricity Board v Charles Kabagambe (Civil Appeal No. 58 2000) [2000] UGCA 55 (14 March 2000)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 58 2000
Judge
Okello, JA, Mpagi-Bahigeine, JA, Kitumba, JA
The Court held that the requirement to include a formally extracted order in the record of appeal is obsolete under the current Court of Appeal Rules. The relevant rule mandates inclusion of the judgment or reasoned order, not a formal decree, unless the appeal specifically contests the date or terms of the decree. The extraction of a formal decree is contrary to the constitutional principle of substantive justice, which discourages undue technicalities. Furthermore, the respondent failed to utilize Rule 81 to challenge the competence of the appeal in a timely manner and was therefore barred…
Paul J. Erongot v N.P.A.R.T (Civil Misc. Application No. 17 of 1997) [1997] UGCA 10 (18 November 1997)
Court
Court of Appeal of Uganda
Case number
Civil Misc. Application No. 17 of 1997
The court held that Section 17(4) of the Non-Performing Assets Recovery Statute, 1994, authorizes the application of written laws applicable to appeals from the High Court in civil cases, including Rule 82 of the Court of Appeal Rules 1996. Rule 82(2) allows exclusion of the period required for preparation and delivery of the record of proceedings, provided the application for the record was made in writing, served on the respondent, and proof of service is retained. The evidence showed that the application for the record was made and served in time, and the record was completed and the appea…