Uganda Case Law

Kacaca v Byarugaba

Kacaca v Byarugaba (Civil Appeal 29 of 2022) [2023] UGHC 439 (7 September 2023)

Court

High Court of Uganda

Case number

Civil Appeal 29 of 2022

Judge

Tom Chemutai, J

The appeal was filed out of time, contrary to Section 79 of the Civil Procedure Act and relevant Civil Procedure Rules, and no application for extension of time was made. Additionally, there was no evidence that the appellant served the respondent with the memorandum of appeal within the prescribed 21 days, as required by the Civil Procedure Rules. Service of process is fundamental to the right to a fair hearing, and failure to serve the memorandum of appeal renders the appeal incompetent. These procedural defects are not mere technicalities and cannot be cured by constitutional provisions. C…

Source excerpt

• Appeal Out Of Time
• Service Of Memorandum Of Appeal
• Land Trespass
• Inheritance Disputes

Rwakifari v Kateteyi (HCT-05-CV-CA-26/2009)

Rwakifari v Kateteyi (HCT-05-CV-CA-26/2009) [2013] UGHCCD 98 (22 July 2013)

Court

HC: Civil Division (Uganda)

Case number

HCT-05-CV-CA-26/2009

The High Court held that the appeal was filed within time because time stopped running while the appellant waited for the lower-court record, and it restored the appeal.

• Appeal Time Limitation
• Local Council Court Procedure
• Miscarriage Of Justice
• Service Of Memorandum Of Appeal
• Appeal-time-limitation
• Local-council-court-procedure