Kiwanuka v Matovu [1990] UGSC 11

Supreme Court · 1990 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application to a single Justice of the Supreme Court under Rule 4 to extend time for lodging the record of appeal in an intended appeal from the High Court.

Decision

Application for extension of time to lodge the record of appeal granted; applicant to pay the respondent's costs of the application.

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Holding

On an application to extend time for lodging a record of appeal that had been filed without the decree, the single Justice held that the applicant had shown sufficient reason under Rule 4. Although counsel's failure to peruse the record supplied by the Registrar and ensure it was complete amounted to negligence, a vigilant litigant who had done all he could should not be penalised for the negligence of counsel over whose actions he had no control. The court also noted that the successful respondent had taken no steps to prepare the decree as required. The application was granted, with costs of the proceedings to the respondent.

Facts

Counsel for the applicant filed a notice of appeal against a High Court judgment and requested the certified record of proceedings from the Registrar. On 24 May 1990 the Deputy Registrar handed over the certified record, and counsel bound it and filed the record of appeal on 30 May 1990. When the appeal came up for hearing on 5 October 1990, the respondent objected that it was incompetent because no decree had been filed with the record, contrary to Rules 81 and 85(1). The applicant then changed advocates and applied under Rule 4 to extend time to lodge the record of appeal. The applicant contended the omission resulted either from the Registrar's failure to include the decree in the certified record or from former counsel's failure to notice the omission, and that the applicant had been vigilant and guilty of no dilatory conduct.

Issues

Whether the applicant had shown sufficient reason under Rule 4 of the Rules of the Court to justify an extension of time for lodging the record of appeal where the decree had been omitted from the record.
Whether the negligence of counsel in failing to ensure the decree was included in the record of appeal should be visited on a diligent litigant so as to defeat the application.

Orders

Application granted.
Time for lodging the record of appeal extended.
Respondent to have the costs of these proceedings, paid by the applicant.

Key headnotes

Civil Procedure — Appeals — Extension of Time — Negligence of Counsel

A vigilant litigant who has done all he could to prosecute his appeal should not be penalised by being refused an extension of time on account of the negligence of counsel, over whose actions the litigant has no control.

Civil Procedure — Appeals — Record of Appeal — Duty of Counsel to Verify Completeness

It is the duty of counsel for an intended appellant to peruse the record provided by the Registrar and to ensure that the record is complete before filing the appeal; failure to do so amounts to negligence.

Civil Procedure — Extension of Time — Sufficient Reason — Substance Decided on Merits

The administration of justice normally requires that the substance of disputes be investigated and decided on their merits, and errors or lapses should not necessarily debar a litigant from the pursuit of his rights; a failure to realise the record obtained from the Registrar contained no decree may constitute sufficient reason for an extension of time.

Civil Procedure — Decrees — Duty of Successful Party to Prepare Draft Decree

Under Order 18 rule 7(2) of the Civil Procedure Rules it is the duty of the party successful in the High Court to prepare a draft decree and submit it for the approval of the other parties.

Legislation cited (4)

Rules of the Supreme Court Rule 4
Rules of the Supreme Court Rule 81
Rules of the Supreme Court Rule 85(1)
Civil Procedure Rules O.18 r.7(2)

Cases cited (5)

Ngoni-Matengo Co-operative Marketing Union Ltd v Ali Mohamed Osman [1959] EA 577
Bhogal v Karsan (1953) 20 EACA 17
Mary Kyamulabi v Ahamad Zirondamu [1980] HCB 11
Gatti v Shoemith [1939] 3 All ER 916
Essaji v Solanki [1968] EA 218

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.