Wakilii

William Giboni Wanendeya v Erias Lukwago (Civil Application No. 63 of 2005)

Court of Appeal · [2006] UGCA 37 · 2006 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application to strike out a Notice of Appeal under rules 81, 82 and 83 of the Court of Appeal Rules
Decision
Notice of Appeal struck out with costs to the applicant

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Cited — treatment unverified cited in 4 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Court of Appeal held that under rule 82 of the Court of Appeal Rules an appeal must be instituted within sixty days of lodging the Notice of Appeal. The respondent was supplied certified copies of the proceedings and ruling on 21 April 2005 but failed to institute an appeal within the prescribed period. Accordingly, the application to strike out the Notice of Appeal filed on 29 March 2005 had merit, and the notice was struck out with costs to the applicant.

Facts

In Miscellaneous Application No. 108 of 2004, a ruling was delivered on 16 March 2005 dismissing the application on the ground that the applicant had not been personally served nor through an advocate with instructions. The respondent filed a Notice of Appeal in the High Court on 29 March 2005, accompanied by a letter requesting certified copies of the proceedings and ruling to enable filing of the record of appeal. The respondent was supplied those documents on 21 April 2005. As the ruling was not appealable as of right, the respondent sought leave of court in Miscellaneous Application No. 349 of 2005, which was dismissed on 12 October 2005. On 25 October 2005 the respondent filed Miscellaneous Application No. 100 of 2005 for leave to appeal and extension of time, but only after the applicant had filed the present application to strike out the Notice of Appeal. The applicant contended that no appeal had been instituted within sixty days of receipt of the proceedings.

Issues

  1. Whether the Notice of Appeal should be struck out on the ground that no appeal was instituted within the prescribed period of sixty days.
  2. Whether it was just and equitable to strike out the Notice of Appeal.

Orders

  • The Notice of Appeal filed on 29 March 2005 is struck out with costs to the applicant.

Key headnotes

Civil Procedure — Appeals — Striking Out Notice of Appeal — Failure to Institute Within Prescribed Time
Where a party who has lodged a Notice of Appeal fails to institute the appeal within sixty days after the notice was lodged, the appeal is deemed withdrawn and the Notice of Appeal may be struck out under rules 81, 82 and 83 of the Court of Appeal Rules.

Legislation cited (4)

  • Court of Appeal Rules Directions 1996 r.81
  • Court of Appeal Rules Directions 1996 r.82
  • Court of Appeal Rules Directions 1996 r.83
  • Civil Procedure Rules Order 44 rr.1, 2, 3 and 4
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.