Giuliano Garigio v Claudio Casadio (Civil Appeal 13 of 2010)

Supreme Court · [2013] UGSC 1 · 2013 Appeal Struck Off ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Second appeal to the Supreme Court from a decision of the Court of Appeal, met by a preliminary objection to the competence of the appeal

Decision

Appeal struck off as incompetent, with costs to the respondent

The full judgment

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Holding

The Supreme Court upheld a preliminary objection that the appeal was incompetent. The appellant's Notice of Appeal was lodged on 27 January 2010, well outside the 14 days allowed by Rule 72(2) of the Supreme Court Rules, even allowing for the court vacation. The Assistant Registrar of the Court of Appeal had no power to extend time or grant leave to appeal to the Supreme Court: Practice Direction No. 01 of 2004 confines registrars' powers to acts relating to the work of the Court of Appeal, and even the Justices of the Court of Appeal had no such power over Supreme Court appeals. Withdrawal of the respondent's objection could not validate a notice filed in breach of the Rules. The appeal was struck off with costs.

Facts

The appellant and respondent were business associates whose relationship broke down. The appellant sued in the High Court claiming ownership of machinery and related relief; the respondent denied the claim and counterclaimed for unpaid commissions. The trial judge dismissed the suit and allowed the counterclaim. The appellant appealed to the Court of Appeal, which dismissed the appeal and allowed the respondent's cross-appeal. The appellant then sought to appeal to the Supreme Court. The Court of Appeal had delivered its decision on 16 December 2009, but the appellant lodged a Notice of Appeal only on 27 January 2010, outside the 14-day period. The appellant filed an application in the Court of Appeal for extension of time, which the Assistant Registrar purported to hear and grant on 26 April 2010, validating the late Notice of Appeal.

Issues

Whether the appeal was competent where the Notice of Appeal was lodged outside the 14 days prescribed by Rule 72(2) of the Supreme Court Rules.
Whether the Registrar of the Court of Appeal has power to grant leave or extend time for a party to file a Notice of Appeal or an appeal to the Supreme Court.
Whether withdrawal of the respondent's objection could validate a Notice of Appeal filed in breach of the Rules.

Orders

The objection is upheld.
The appeal is struck off with costs to the respondent.

Key headnotes

Civil Procedure — Appeals to the Supreme Court — Notice of Appeal — Statutory time limit under Rule 72(2)

A Notice of Appeal to the Supreme Court must be lodged within fourteen days after the date of the decision appealed against under Rule 72(2) of the Supreme Court Rules, and a notice lodged outside that period is invalid.

Civil Procedure — Powers of the Registrar — Extension of time and leave to appeal to the Supreme Court

The Registrar of the Court of Appeal has no power to grant leave or extend time for a party to file a Notice of Appeal or an appeal to the Supreme Court; Practice Direction No. 01 of 2004 confines registrars' powers to acts relating to the work of the Court of Appeal.

Civil Procedure — Competence of appeal — Effect of withdrawal of objection

Withdrawal of a respondent's objection to competence cannot validate a Notice of Appeal that was filed without compliance with the Rules.

Legislation cited (6)

Supreme Court Rules r.72(2)
Supreme Court Rules r.21(2)
Supreme Court Rules r.73
Court of Appeal Rules r.5
Court of Appeal Rules r.77
Court of Appeal (Judicial Powers of Registrars) Practice Direction No. 01 of 2004

Cases cited (1)

Mandela Auto Spares v Marketing Information System (Civil Reference No. 74 of 2008)

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.