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Uganda decisions
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Bagira v Murugutu and Another (Miscellaneous Application 108 of 2023) [2024] UGHC 706 (12 July 2024)
The High Court dismissed an application to reinstate an appeal-related matter, finding the orders sought were unattainable because the named miscellaneous application had never been filed before the court.
Nyakabwa and Another v Kalimbi and 2 Others (Civil Miscellaneous Application 25 of 2023) [2024] UGHC 399 (31 May 2024)
The court found that the applicants acted with vigilance upon learning of the judgment, which had been delivered in their absence. The delay was attributable to inadvertence of counsel, not gross negligence or indifference by the applicants. The court held that sufficient cause was established, justifying the grant of leave to appeal out of time. However, the notice of appeal previously filed was struck out as incompetent since it was filed out of time without leave. The applicants were granted leave to appeal out of time and ordered to file and serve a fresh notice of appeal within 14 days.…
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Abooki v Uganda (Criminal Miscellaneous Application 1 of 2023) [2022] UGHC 150 (12 July 2022)
The applicant failed to show sufficient cause for not filing the appeal within the prescribed time, as ignorance of the law and inability to hire an advocate are not adequate grounds; prisoners have the option to engage prison authorities to lodge appeals. However, the application was brought promptly, and there is no evidence of dilatory conduct. The intended appeal is plausible, and denying the extension would risk injustice. Therefore, in the interests of justice and given the absence of undue delay, the court exercises its discretion to grant an extension of time for the applicant to file…
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Attorney General and 3 Others v TaJ Eports (U) Limited (Civil Miscellaneous Application No. 786 of 2020) [2021] UGHCLD 155 (29 October 2021)
The application to set aside the ex-parte judgment was found to be incompetent, illegal, and factually untenable because the judgment and decree had already been executed to completion, including the grant of a full term lease and issuance of title to the respondent. The applicants were properly served but failed to file a defence, and their subsequent actions in implementing the decree and filing similar suits amounted to approbation and reprobation. The court held that sufficient cause was not demonstrated for the failure to file a defence, and negligence of counsel did not excuse the appli…
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Ocepa v Uganda (Civil Miscellaneous Application No. 45 of 2020) [2021] UGHCACD 1 (26 February 2021)
The court found that the applicant was informed of his right to appeal by the trial magistrate, including the time limitations, although not explained in full detail. The applicant's own affidavit evidence contradicted his assertion of total ignorance. The court held that the applicant failed to demonstrate sufficient cause for the delay in lodging the appeal, as he did not indicate a desire to appeal to his lawyers at the earliest opportunity and only sought leave to appeal nine years after conviction and sentence, which constitutes inordinate delay. The court further found that the issue of…
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