Wakilii

Aluma Robert v Guma Augustine (Civil Appeal 15 of 2024)

High Court · [2026] UGHC 861 · 2026 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Magistrates' Court judgment dismissed for being filed out of time
Decision
Appeal struck out for being filed out of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An appeal filed beyond the thirty-day statutory period under section 79(1) of the Civil Procedure Act without a prior court order extending time is incompetent and must be struck out. The appellant filed on 16th April 2024, nine days after the 7th April 2024 deadline, rendering the appeal not properly before the court.

Outcome

Appeal struck out for being filed out of time

Facts

The appellant appealed from a judgment of the Magistrates' Court of Adjumani delivered on 4th March 2024. The memorandum of appeal was filed on 16th April 2024. Under section 79 of the Civil Procedure Act, appeals must be filed within thirty days of the decree or order. The thirty-day period expired on 7th April 2024. The appellant filed nine days late without obtaining a prior court order extending the time for filing.

Issues

  1. Whether the appeal was filed within the statutory limitation period prescribed under section 79 of the Civil Procedure Act.

Orders

  • Appeal struck out.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Limitation Period — Effect of Filing Out of Time
An appeal filed outside the statutory thirty-day limitation period prescribed under section 79(1) of the Civil Procedure Act, without a prior court order extending time, is incompetent and not properly before the court.
Civil Procedure — Appeals — Competence — Requirement for Extension of Time
Where an appeal is lodged after expiry of the limitation period without an order extending time within which to appeal, there exists no appeal at all and the memorandum of appeal must be struck out.

Legislation cited (1)

Cases cited (2)

  • Ssekazi Godfrey v Kyeyune David (Civil Appeal No. 109 of 2015)
  • Uganda Railways Corporation v Ekwaru D.O and 5104 Others (SCCA No. 7 of 2019)

Full judgment

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

Aluma Robert v Guma Augustine (Civil Appeal 15 of 2024) [2026] UGHC 861 (29 July 2026)
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.