Byampangi & 2 Others v Kigoora (Civil Application 23 of 2019)
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Holding
The applicants sought extension of time to lodge an application for a certificate of importance after the Court of Appeal refused a certificate, their application being eight days outside the 14-day period under Rule 39(1)(b) of the Supreme Court Rules. The single Justice accepted that the first applicant was away from Kampala attending to the loss of his son and was unaware of the ruling date, making it impossible to lodge within time, and that counsel could not act without instructions. Holding that a delay of eight days was not inordinate in those circumstances, the Court found sufficient cause shown and granted the extension, directing that the application be filed within seven days.
Facts
The applicants filed Civil Application No. 214 of 2011 in the Court of Appeal seeking a certificate of importance to appeal to the Supreme Court. That application was dismissed on 11 September 2019, the ruling being delivered on notice in the absence of the applicants, who were unaware of the date. The first applicant, the main contact person, had lost a son, which disrupted his schedule and left him unreachable on his known telephone contacts. The applicants only learned of the dismissal on 1 October 2019 when the first applicant called their lawyer. Under Rule 39(1)(b) of the Supreme Court Rules, an application following the Court of Appeal's refusal of a certificate must be lodged within 14 days of the refusal. The applicants lodged their application in the Supreme Court on 3 October 2019, eight days outside the prescribed period, and accordingly sought an extension of time.
Issues
- Whether the applicants had shown sufficient cause to justify an extension of time within which to file an application for a certificate of importance in the Supreme Court.
Orders
- Extension of time within which to file the application for a certificate of importance granted.
- The application for a certificate of importance to be filed within seven (7) days from the date of the ruling.
Key headnotes
Legislation cited (3)
- Supreme Court Rules r.2(2)
- Supreme Court Rules r.5
- Supreme Court Rules r.39(1)