Anderson Investments Ltd v Pan Afric Impex Ltd & Anor (Misc. Application No.107 of 2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On an application for leave to appeal out of time, the applicant appeared without legal representation at two consecutive hearings and sought a second adjournment. The single Justice held that effective appearance entails readiness to proceed, and that the applicant's failure to do so, combined with an unexplained delay of over two years and six months in pursuing an appeal against a 2012 ruling, demonstrated laxity in prosecution. Exercising judicial discretion under Rule 56, the court dismissed the application for want of prosecution and awarded costs to the second respondent.
Outcome
Application for leave to appeal out of time dismissed for want of prosecution
Facts
The applicant company was the respondent/defendant in objector proceedings (Misc. Application No. 228 of 2012) in which Justice Elizabeth Ibanda Nahamya ruled in favour of the 2nd respondent on 7 November 2012. The applicant instructed its lawyers to appeal; only a Notice of Appeal was filed and no appeal followed within the sixty days required under Rule 83(1). On 29 April 2015 the applicant filed an application for extension of time to lodge the appeal out of time. The application was first called on 16 July 2015, when the applicant's lawyer was absent and an adjournment was granted without objection. At the subsequent hearing on 22 July 2015, the applicant was again unrepresented, attended only by its Managing Director, who sought a further adjournment to file a rejoinder. The 2nd respondent objected and sought dismissal for want of prosecution.
Issues
- Whether the applicant's prayer for a further adjournment should be granted.
- Whether the application should be dismissed for want of prosecution under Rule 56 of the Rules of the Court of Appeal.
Orders
- Application dismissed for want of prosecution.
- Costs of the application awarded to the 2nd respondent.
Rules and key headnotes
Legislation cited (3)
- Rules of the Court of Appeal r.5
- Rules of the Court of Appeal r.56
- Rules of the Court of Appeal r.83(1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.