Mayambala v U.C.B. (Miscellaneous Application No. 5)

Court of Appeal · [1997] UGCA 26 · 1997 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application for extension of time within which to file a notice of appeal

Decision

Application granted; applicant permitted to file notice of appeal within 7 days

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Holding

The Court of Appeal held that the applicant had shown sufficient reason under rule 4 of the Court of Appeal Rules 1996 to warrant an extension of time to file a notice of appeal. The applicant was not at fault; his counsel had erroneously filed the notice of appeal in the Supreme Court rather than the Court of Appeal. Following the principle that a litigant should not be punished for the excusable mistake of his lawyer, the court granted the application and permitted the applicant to lodge his notice of appeal within seven days.

Facts

The applicant filed Miscellaneous Application No. 160 of 1981 in the High Court, which was disposed of on 9 January 1992. Being dissatisfied with the manner of disposal, he instructed his lawyers, Sendege & Co. Advocates, to file a notice of appeal. Counsel filed the notice of appeal in the Supreme Court and paid the necessary fees. The notice was dismissed on the ground that it had been lodged in the wrong court, as it should have been filed in the Court of Appeal. The applicant then brought this application for enlargement of time to enable him to file his notice of appeal out of time, contending that he genuinely believed his counsel had taken the proper course and that he should not be punished for his lawyer's mistake.

Issues

Whether the applicant had shown sufficient reason under rule 4 of the Court of Appeal Rules 1996 to warrant an extension of time to file a notice of appeal out of time.
Whether the mistake of counsel in filing a notice of appeal in the wrong court constitutes sufficient reason for an extension of time.

Orders

Application for extension of time granted.
Applicant permitted to file his notice of appeal out of time.
Applicant to lodge the notice of appeal within 7 days from the date of the ruling.
Costs of the application to abide the outcome of the intended appeal.

Key headnotes

Civil Procedure — Extension of Time — Sufficient Reason under Court of Appeal Rules r.4

An applicant who demonstrates that he was not personally at fault, and that the delay arose from his counsel's mistake in lodging a notice of appeal in the wrong court, shows sufficient reason within the meaning of rule 4 of the Court of Appeal Rules 1996 to warrant an extension of time.

Civil Procedure — Mistake of Counsel — Litigant Not to be Punished for Lawyer's Error

A litigant should not be made to suffer for the excusable wrong-doing or mistake of his counsel where the litigant genuinely and reasonably believed his lawyer had taken the proper procedural course.

Legislation cited (2)

Court of Appeal Rules 1996 r.4
Court of Appeal Rules 1996 r.55(2)

Cases cited (1)

Kananura Melvin Consulting v Connie Kaba

Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.