Wakilii

Eligu Sadick Abubakari and Others v Ewilu Nelson (Miscellaneous Application No. 169 of 2023)

High Court · [2026] UGHC 585 · 2026 Application Granted Conditionally ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time against Chief Magistrate's Court judgment in Civil Suit No. 007 of 2015
Decision
Application granted conditionally upon deposit of UGX 8,950,000 as security within thirty days

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Holding

Held that the applicant established sufficient cause for extension of time to appeal, based on mistake of counsel who failed to file the appeal despite instructions. However, given the applicant's own dilatory conduct over four years, leave was granted conditionally upon the applicant depositing the decretal sum of UGX 8,950,000 as security for due performance of the decree within thirty days.

Facts

The applicant lost Civil Suit No. 007 of 2015 in the Chief Magistrate's Court on 28 July 2017. He instructed his former lawyers to file an appeal, but they failed to do so. The applicant then instructed new lawyers who filed Miscellaneous Application No. 23 of 2018 for leave to appeal out of time, which was dismissed for want of prosecution on 28 December 2019. A second application, Miscellaneous Application No. 127 of 2019, was filed but abandoned. The present application was filed in 2023, approximately six years after the original judgment. The respondent opposed the application, arguing that the applicant was guilty of inordinate delay and was attempting to frustrate execution of the decree.

Issues

  1. Whether the applicant has established sufficient grounds for grant of leave to appeal out of time.

Orders

  • The applicant is granted leave to file his appeal out of time against the decision of the trial court in Civil Suit No. 007 of 2015.
  • As a pre-condition, the applicant shall deposit a sum of UGX 8,950,000 into the security deposit account of the court being security for due performance of the decree.
  • The said sum shall be deposited within thirty (30) days from the date of this order; failure of which, the order granting leave to appeal out of time shall collapse.
  • The costs of this application shall abide the outcome of the appeal if filed and, where none is filed, the costs shall be met by the applicant.

Key headnotes

Civil Procedure — Extension of Time — Leave to Appeal Out of Time — Sufficient Cause
Sufficient cause for extension of time to appeal must relate to inability or failure to take a particular step in a matter and includes mistake by an advocate, illness of a party or advocate, and ignorance of filing procedure.
Civil Procedure — Leave to Appeal — Test for Grant
Leave to appeal from an order in civil proceedings will normally be granted where, prima facie, it appears that there are grounds of appeal which merit serious judicial consideration.
Civil Procedure — Extension of Time — Mistake of Counsel — Innocent Litigant
A mistake by an advocate, even when negligent, should not be visited on an innocent litigant and would constitute sufficient cause for failure to act within time, provided the litigant has exercised due diligence.
Civil Procedure — Extension of Time — Conditional Grant — Security for Decree
Where an applicant seeking leave to appeal out of time has been dilatory but has established sufficient cause, the court may grant leave conditionally upon deposit of the decretal sum as security for due performance of the decree to guard against frustration of the respondent's rights.

Legislation cited (2)

  • Civil Procedure Act s.98
  • Civil Procedure Rules Order 52 rules 1 and 2

Cases cited (9)

  • Sango Bay Estates Limited v Dresdner Bank (1971) EA 17
  • Fida Birabwa v Suleiman Tigawalana (High Court Criminal Appeal No. 2 of 1992)
  • Ojara Otto Julius v Okwera Benson (High Court Miscellaneous Application No. 23 of 2017)
  • William Odoi Nyandusi v Jackson Oyuko Kasendi (Court of Appeal Civil Appeal No. 32 of 2018)
  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1986)
  • Captain Phillip Ongom v Catherine Nyero Owoto (Supreme Court Civil Appeal No. 14 of 2001)
  • Sango Bay Estate Ltd and Others v Dresdner Bank AG [1971] EALR 17
  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Court of Appeal Civil Appeal No. 16 of 1996)
  • Musa Sbeity and Another v Akello Joan (High Court Miscellaneous Application No. 249 of 2018)
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.