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Uganda decisions
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Lubwana & Another v Attorney General (Miscellaneous Application 112 of 2022) [2023] UGHC 394 (2 October 2023)
The High Court at Masaka reinstated a dismissed land suit, holding that the applicants were misled by former counsel and that the late application should be allowed in the interests of justice.
James Bwogi & Sons Enterprises Ltd v Kampala Capital City & Another (Civil Application 9 of 2017) [2018] UGSC 71 (6 February 2018)
The Supreme Court of Uganda granted a 3-day extension of time to serve a Notice of Appeal, validating the notice and appeal despite late service.
James Bwogi & Sons Enterprises Ltd v Kampala City Council & Anor (Civil Application 9 of 2017) [2018] UGSC 2 (6 February 2018)
The applicant demonstrated promptness in filing both the Notice of Appeal and the substantive appeal. Although service of the Notice of Appeal was three days out of time due to administrative delays in the court registry, the delay was not shown to be deliberate or inordinate. The court found that, despite shortcomings in the supporting evidence and professional carelessness by counsel for the applicant, sufficient reason existed to warrant the exercise of discretion in favor of the applicant. The interests of substantive justice and the nature of the dispute—a prime property in Kampala—requi…
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Afric Cooperative Society v Uganda Railway Cooperation (Civil Application 24 of 2001) [2004] UGCA 29 (30 April 2004)
The Court of Appeal struck out the respondent’s appeal as incompetent for late service of the notice of appeal, and held no appeal lay from the consent judgment.
African Cooperative Society v Uganda Railways Corporation (Civil Application No. 24 of 2001) [2001] UGCA 44 (6 April 2001)
The Court found that the judgment in question was a consent judgment entered by both parties' counsel, with the respondent's counsel acting within his authority. Under section 69(2) of the Civil Procedure Act, no appeal lies from such a decree. Additionally, the notice of appeal was served on the applicant outside the seven-day period required by Rule 77 of the Court of Appeal Rules. Compliance with this rule is mandatory, and failure to serve the notice within time without obtaining leave of court renders the appeal incompetent. The applicant need not show prejudice or injury for the appeal…
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