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Uganda Case Law

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Civil Procedure [2016] UGCA 97

Muhenda Mtlton v Uganda Electricity Distribution Co. Ltd

Muhenda Mtlton v Uganda Electricity Distribution Co. Ltd (Civil Appeal No. 94 of 2011) [2016] UGCA 97 (9 May 2016)

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.

  • Adjournment Application
  • Record Of Appeal Requirements
  • Incompetent Appeal
  • Costs Award
  • Adjournment
  • Record-of-appeal
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Civil Procedure [2016] EACJ 129

Etienne and Anor v Secretary General of The East African Community (Appeal 6 of 2015)

Etienne and Anor v Secretary General of The East African Community (Appeal 6 of 2015) [2016] EACJ 129 (12 February 2016) (Appellate Division)

The Appellate Division struck out the notice and record of appeal for late service and an incomplete record, rejecting reliance on inherent jurisdiction.

  • Service Of Notice Of Appeal
  • Extension Of Time
  • Inherent Jurisdiction
  • Record Of Appeal Requirements
  • Service-of-notice-of-appeal
  • Extension-of-time
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Civil Procedure [2011] UGCA 18

National Housing & Construction Company Limited v Kyomukama

National Housing & Construction Company Limited v Kyomukama (Civil Application No. 133 of 2009) [2011] UGCA 18 (2 September 2011)

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.

  • Appeal Timelines
  • Service Of Process
  • Record Of Appeal Requirements
  • Omission Of Documents
  • Injunction Proceedings
  • Appeal-timelines
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Civil Procedure [2002] UGSC 42

Beatrice Kobusingye v Fiona Nyakana & Anor

Beatrice Kobusingye v Fiona Nyakana & Anor (Civil Appeal 18 of 2001) [2002] UGSC 42 (23 May 2002)

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…

  • Third Appeals
  • Jurisdiction Of Appellate Courts
  • Preliminary Objections
  • Record Of Appeal Requirements
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Civil Procedure [2000] UGCA 55

Uganda Electricity Board v Charles Kabagambe

Uganda Electricity Board v Charles Kabagambe (Civil Appeal No. 58 2000) [2000] UGCA 55 (14 March 2000)

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…

  • Appeal Jurisdiction
  • Record Of Appeal Requirements
  • Formal Decree Extraction
  • Court Of Appeal Practice
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Civil Procedure [1997] UGCA 10

Paul J. Erongot v N.P.A.R.T

Paul J. Erongot v N.P.A.R.T (Civil Misc. Application No. 17 of 1997) [1997] UGCA 10 (18 November 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…

  • Appeal Time Limits
  • Statutory Interpretation
  • Non Performing Assets
  • Record Of Appeal Requirements
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.