Wakilii

Kawooya Kigongo v Attorney General & Anor (Civil Application No. 347 of 2018)

Court of Appeal · [2019] UGCA 127 · 2019 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for extension of time to lodge a notice of appeal
Decision
Application for extension of time dismissed; no appeal remains on record

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Holding

The Court of Appeal dismissed an application for extension of time to lodge a notice of appeal. Although the applicant had filed a notice of appeal within the fourteen days required by rule 76, he never instituted the appeal by lodging a memorandum of appeal within sixty days under rule 83, and he voluntarily withdrew the notice of appeal by filing a notice of discontinuance. The court held there was no appeal on record and that the applicant could not rely on his own omissions or alleged informal advice to obtain relief. He had provided no documentary support or dates for the advice he claimed. The application lacked merit and was dismissed with no order as to costs.

Facts

The applicant, a Magistrate, was the subject of disciplinary proceedings before the Judicial Service Commission tribunal for absenteeism and absconding from duty while pursuing a Bar course at the Law Development Centre. On 12 July 2017 the High Court partially allowed his appeal against the JSC decision, setting aside dismissal and substituting an order that he retire in public interest with all benefits, each party bearing its own costs. On 24 July 2017 the applicant filed a notice of appeal in the High Court Civil Registry, within the fourteen days allowed. He claimed he was advised by High Court personnel to withdraw the appeal so his pension and gratuity could be processed. On 11 January 2018 he filed a notice of discontinuance withdrawing the notice of appeal, which the Registrar allowed with no order as to costs. He never lodged a memorandum of appeal. No pension or gratuity having been paid, he sought an extension of time to appeal.

Issues

  1. Whether the applicant had established sufficient grounds to justify the court exercising its discretion to extend time within which to lodge a notice of appeal.
  2. Whether the prior filing and subsequent voluntary withdrawal of a notice of appeal entitled the applicant to an extension of time.

Orders

  • Application dismissed.
  • No order as to costs as the respondents did not defend or attend court.

Key headnotes

Civil Procedure — Appeals — Institution of Appeal — Requirement to Lodge Memorandum of Appeal
Filing a notice of appeal within time evidences an intention to appeal but does not institute an appeal; an appeal is only instituted by lodging a memorandum of appeal in the registry within sixty days of the notice of appeal as required by rule 83 of the Court of Appeal Rules.
Civil Procedure — Extension of Time — Discretion — Voluntary Withdrawal of Notice of Appeal
A party who voluntarily withdraws a timely notice of appeal by filing a notice of discontinuance and provides no sufficient justification cannot rely on his own omissions or illegalities to obtain an extension of time to appeal, and the court will decline to exercise its discretion in his favour.
Civil Procedure — Applications — Burden of Proof — Ex Parte Hearings
Where a matter proceeds ex parte under rule 56(2) of the Court of Appeal Rules because a duly served respondent fails to attend, the burden remains on the applicant to prove the application to the required standard.

Legislation cited (9)

  • Judicature (Court of Appeal) Rules SI 13-10 rule 5
  • Judicature (Court of Appeal) Rules SI 13-10 rule 43(1)
  • Judicature (Court of Appeal) Rules SI 13-10 rule 43(2)
  • Judicature (Court of Appeal) Rules SI 13-10 rule 56(2)
  • Judicature (Court of Appeal) Rules SI 13-10 rule 76
  • Judicature (Court of Appeal) Rules SI 13-10 rule 83
  • Judicature (Court of Appeal) Rules SI 13-10 rule 3
  • Judicial Service Commission Regulations regulation 23(d)
  • Judicial Service Commission Regulations regulation 31
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.