Uganda Case Law

Alesi v Alemi

Alesi v Alemi (Miscellaneous Application 83 of 2022) [2024] UGHC 811 (29 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 83 of 2022

Judge

Acellam, J

The Applicant failed to demonstrate sufficient cause for her non-appearance and lack of prosecution of the appeal. The court found that the Applicant and her counsel did not act diligently, having only sent sporadic letters over three years without taking substantive steps to advance the appeal, such as fixing a hearing date or directly addressing the court regarding the missing record of proceedings. The court also determined that the letters and Memorandum of Appeal relied upon by the Applicant were not properly on record at the time of dismissal and may have been introduced after the fact.…

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• Appeal Dismissal
• Reinstatement Of Appeal
• Sufficient Cause
• Service Of Notice

Alesi v Apangu & Another

Alesi v Apangu & Another (Miscellaneous Application 78 of 2022) [2024] UGHC 812 (29 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 78 of 2022

Judge

Acellam, J

The court found that the Applicant failed to demonstrate sufficient cause for not prosecuting the appeal or appearing when it was dismissed. The evidence suggested that the Applicant and her counsel were not diligent, having only sent sporadic letters over three years without taking further steps such as fixing a hearing date or informing the court of difficulties in obtaining the record of proceedings. The court also determined that the letters and Memorandum of Appeal appeared to have been irregularly placed on the record. Furthermore, the court agreed with the Respondent that the proper re…

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• Reinstatement Of Appeal
• Dismissal For Non Prosecution
• Sufficient Cause
• Service Of Notice

Oumo & Another v Wanyoto & Another

Oumo & Another v Wanyoto & Another (Civil Application 17 of 2022) [2023] UGSC 74 (27 February 2023)

Court

Supreme Court of Uganda

Case number

Civil Application 17 of 2022

Judge

Tuhaise, JSC

The Supreme Court found that the application for interim stay of execution was largely incompetent and an abuse of court process. The first prayer, seeking a stay of execution of the Court of Appeal orders, was moot because the orders had already been implemented by the DPP and the trial court prior to the filing of the application. The second prayer, seeking a stay of execution of the High Court's assessment of damages, was also incompetent because there was no pending competent appeal against those orders, and the 2nd Respondent was not a party to the appeal in the Court of Appeal. The Cour…

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• Stay Of Execution
• Right Of Appeal
• Service Of Notice
• Abuse Of Process
• Damages Assessment

Nalwanga Lwanga and 5 Others v Administrator of the estate of late (Muwanga yoweri kaddu) and 2 Others (Misc Cause No. 80 of 2022)

Nalwanga Lwanga and 5 Others v Administrator of the estate of late (Muwanga yoweri kaddu) and 2 Others (Misc Cause No. 80 of 2022) [2022] UGHCLD 225 (1 December 2022)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 80 of 2022

Judge

Nkonge, J

The High Court granted a representative order allowing the applicants to notify and sue on behalf of interested clan members over disputed ancestral land.

• Representative Suits
• Ancestral Land Rights
• Service Of Notice
• Estate Beneficiaries
• Representative-suits
• Land-disputes

Grace Canada Katuna v Commissioner Land Registration

Grace Canada Katuna v Commissioner Land Registration (Miscellaneous Cause No. 26 of 2020) [2021] UGHCLD 39 (25 January 2021)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 26 of 2020

Judge

Kazaarwe, J

The High Court declined to vacate a land caveat, finding the caveator had disclosed an interest and the applicant failed to prove proper notice under the Registration of Titles Act.

• Caveats On Land
• Removal Of Caveat
• Beneficiary Interest
• Service Of Notice
• Land-caveats
• Removal-of-caveat

Butebi Investment Enterprises Ltd v Kibalama Mugwanya

Butebi Investment Enterprises Ltd v Kibalama Mugwanya (Civil Application No. 354 of 2013) [2020] UGCA 3 (10 January 2020)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 354 of 2013

Judge

Musota, JA, Muhanguzi, JA, Kasule, JA

The respondent failed to serve the notice of appeal and the letter requesting proceedings on the applicant within the prescribed time as required by Rule 78. However, the respondent filed all necessary documents in time and the lapse was due to counsel's negligence. The court found that such error should not be visited on the litigant, especially where the substance of the dispute can be determined on its merits and the delay did not render the appeal process inoperative. Applying the principles from Banco Arabe Espanol v. Bank of Uganda and National Enterprises Corporation v. Mukisa Foods, t…

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• Appeal Striking Out
• Service Of Notice
• Procedural Timelines
• Mistake Of Counsel

Skill Consultants v Pearl Flowers Limited

Skill Consultants v Pearl Flowers Limited (Civil Application 41 of 1996) [1997] UGSC 19 (7 August 1997)

Court

Supreme Court of Uganda

Case number

Civil Application 41 of 1996

Judge

Oder, JSC, Tsekooko, JSC, Karokora, JSC

The Supreme Court struck out an appeal as incompetent after finding late service of the notice of appeal and no leave for filing out of time.

• Appeal Striking Out
• Service Of Notice
• Extension Of Time
• Record Of Proceedings
• Appeal-striking-out
• Service-of-notice-of-appeal

Barugare v Attorney General

Barugare v Attorney General (Civil Application 46 of 1992) [1997] UGSC 14 (7 April 1997)

Court

Supreme Court of Uganda

Case number

Civil Application 46 of 1992

Judge

Oder, JSC

The Supreme Court overruled a preliminary objection to an application for extension of time, holding that withdrawal of the appeal did not bar the application.

• Extension Of Time
• Service Of Notice
• Withdrawal Of Appeal
• Extension-of-time
• Service-of-notice
• Withdrawal-of-appeal