Alfonsio v Aool & 2 Others (Miscellaneous Application 169 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted leave to appeal out of time, finding that the thirty-day appeal period should exclude time required by the Registrar to prepare the certified record of proceedings. The applicant's failure to file a memorandum of appeal within thirty days of the judgment was not attributable to delay on his part but to the absence of the trial court record necessary to formulate grounds of appeal. The court ordered the Deputy Registrar to provide the record within thirty days and granted the applicant a further thirty days to file the memorandum of appeal. The application for stay of execution was denied for want of established grounds.

Outcome

Leave to appeal granted; time extended for filing memorandum of appeal upon receipt of trial court record; stay of execution denied

Facts

The applicant was the defendant in Civil Suit No. 051/2018 before the Chief Magistrate's Court of Pader at Patongo. Judgment was delivered against him on 8 June 2023. He instructed his then advocates, Messrs. Silver Oyet & Co., to appeal. On 7 July 2023, his advocates filed a notice of appeal and requested the typed and certified proceedings from the trial court. No memorandum of appeal was filed within the thirty-day statutory period. On 21 September 2023, the applicant discovered through his son that the appeal had not been filed. He subsequently instructed new advocates, Messrs. Oroma & Co., and filed this application on 27 September 2023 seeking leave to appeal out of time and stay of execution. The respondents did not file any responsive pleadings and did not appear at any of the scheduled hearings despite being served.

Issues

1. Whether the applicant has demonstrated sufficient cause for grant of leave to appeal the decision of the Lower Court out of time.

Orders

• Application granted in respect of time within which to appeal.
• Deputy Registrar, Kitgum High Court Circuit shall obtain and provide the applicant and other affected parties with the record of the lower court constituting the typed and certified proceedings in Civil Suit No. 51/2018 within thirty days.
• Applicant may prefer an appeal by filing a memorandum of appeal within thirty days of receiving the record of the lower court and give due notice to the respondents.
• Application for stay of execution not granted.
• Each party shall bear their own costs.

Rules and key headnotes

Legislation cited (8)

• Civil Procedure Act Cap. 71 s.79(1)
• Civil Procedure Act Cap. 71 s.79(2)
• Civil Procedure Act Cap. 71 s.98
• Judicature Act Cap. 16 s.33
• Civil Procedure Rules SI 71-1 Order 43 Rule 1
• Civil Procedure Rules SI 71-1 Order 43 Rule 1(2)
• Civil Procedure Rules SI 71-1 Order 51 Rule 6
• Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3

Cases cited (8)

• Miscellaneous Application No. 333/2010: Stop & See (U) Ltd Vs. Tropical Bank Africa Limited
• Hon. Remy Kasule v Jack Sabiti (HCCS No. 230 of 2006)
• Abel Balemesa v Mugenyi Yesero (Civil Miscellaneous Application No. 126 of 2019)
• Tight Security Ltd v Chartis Uganda Insurance Co. Limited and Another (High Court Miscellaneous Application No. 8 of 2014)
• Nicholas Roussous v Gulam Hussein Habib Virani (Supreme Court Civil Appeal No. 9 of 1993)
• Sango Bay Estates Ltd Et Al Vs. Dresdner Bank AG [1971] EA 17
• Crane Finance Co. Ltd v Makerere Properties Ltd (Supreme Court Civil Appeal No. 1 of 2001)
• Tropical Africa Bank Ltd v Grace Were Muhwana (Supreme Court Civil Application No. 3 of 2012)

The original judgment as reported. Read the original PDF before relying on any passage.