Dr. Bwogi Kanyerezi v The Management Committee of Rubaga Girls' School (Civil Application No. 12 of 1999)
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Holding
The Court considered an application to strike out a notice of appeal for late service under rule 77(1) of the Rules of the Court of Appeal, which requires service within seven days of lodging. The notice was lodged on 20 February 1998, so service was due by 27 February 1998, but it was effected on 3 March 1998, outside the prescribed period. As no extension of time had been obtained, the Court held that service was out of time and the notice of appeal was struck out, with costs to the applicant.
Facts
The notice of appeal was lodged in court on 20 February 1998. Under rule 77(1) of the Rules of the Court of Appeal, service of the notice was required within seven days, making the last date for service 27 February 1998. According to the affidavit in reply, service was in fact effected on 3 March 1998, outside the prescribed seven-day period. No extension of time for service had been sought or granted. The party against whom service should have been effected applied to strike out the notice of appeal and the appeal on the basis of the late service.
Issues
- Whether the notice of appeal was served on the respondent within the time prescribed by rule 77(1) of the Rules of the Court of Appeal.
Orders
- The application succeeds.
- Costs awarded to the applicant/respondent.
Key headnotes
Legislation cited (1)
- Rules of the Court of Appeal r.77(1)