Senyonjo v Delta Petroleum (U) Limited (Civil Application No. 325 of 2017) [2023] UGCA 85 (9 March 2023)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 325 of 2017
Judge
Musota, JA, Bamugemereire, JA, Buteera, DCJ
The Court of Appeal granted extension of time and leave to appeal out of time, accepting that the delay resulted from counsel’s mistake and not the applicant’s conduct.
Nyende David v KPI Security Services Ltd (Court of Appeal Civil Appeal No. 35 of 2015) [2021] UGCA 225 (21 January 2021)
Court
Court of Appeal of Uganda
Case number
Court of Appeal Civil Appeal No. 35 of 2015
The Court of Appeal recorded a consent withdrawal of the appeal, settled related disputes, and provided for payment terms, default interest, and recovery costs.
Orient Bank Limited v Sentogo (Miscellaneous Application No. 1112 of 2019) [2020] UGCommC 149 (28 September 2020)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 1112 of 2019
Judge
Wabwire, J
The High Court found that Civil Application No. 016 of 2019 at the Court of Appeal, which sought to strike out Civil Appeal No. 320 of 2018, is now moot because both Civil Appeal No. 320/2018 and Civil Application No. 129/2020 have been withdrawn and dismissed. However, the Court held that since Constitutional Petition No. 18 of 2020 challenges the constitutionality of Regulation 13(1) of the Mortgage Regulation—the very regulation at issue in MA 1112 of 2019—the proceedings in MA 1112 of 2019 must be stayed pending the outcome of the constitutional petition, in accordance with binding preced…
Lukozi v Simba Telecom Limited & Another (Miscellaneous Application No. 235 of 2019) [2020] UGCA 2063 (13 July 2020)
Court
Court of Appeal of Uganda
Case number
Miscellaneous Application No. 235 of 2019
Judge
Kasule, JA
The applicant failed to demonstrate sufficient reason for extension of time to re-file and serve the withdrawn Notice of Appeal. The withdrawal of the Notice of Appeal and subsequent pursuit of Miscellaneous Application No. 60 of 2018 were done with the applicant's knowledge, instructions, and participation. The alleged mistakes of counsel are not excusable, as the applicant was fully involved in the decisions and actions taken. The court finds that allowing the application would constitute an abuse of court process, as the applicant seeks to revert to an appeal process after the matter was c…
Were v Mutibwa Mugaiula and Another (Civil Appeal No. 22 of 2013) [2020] UGCA 2175 (6 July 2020)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 22 of 2013
Judge
Kakuru, JA, Kiryabwire JA, Barishaki-Cheborion, JA
The Court held that Rule 94(3) of the Court of Appeal Rules, which allows for withdrawal of an appeal by consent of all parties, applies only when the appeal is pending hearing. Once an appeal has been called for hearing and is only pending judgment, it cannot be withdrawn under Rule 94(3) without leave of Court. The Supreme Court decision in Geoffrey Gatete And Angella Maria Nakigonya Vs William Kyobe was followed, confirming that withdrawal at this stage requires leave. Given the unique circumstances, including the COVID-19 lockdown, the Court exercised its discretion under Rule 2(2) to gra…