Wakilii

Ashiraf v Changa (Miscellaneous Application 14 of 2022)

High Court · [2023] UGHC 497 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time from the Grade 1 Magistrate Court of Pakwach arising from Civil Suit No. 013 of 2020
Decision
Leave to appeal out of time granted; appeal to be filed within 7 days

Observed later treatment

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Holding

The High Court granted the applicant leave to appeal out of time. The applicant's ill health, which prevented him from filing the appeal within the prescribed period, constituted sufficient reason under section 96 of the Civil Procedure Act and Order 51 rule 6 of the Civil Procedure Rules. The court held that the administration of justice requires that substantive disputes be investigated and decided on their merits, and procedural lapses should not debar a litigant from pursuing his rights. Each party was ordered to bear their own costs.

Outcome

Leave to appeal out of time granted; appeal to be filed within 7 days

Facts

The applicant, Ashiraf Gile Noah, suing through his attorney Swaddik Ondoga, sought leave to appeal out of time against a judgment of the Grade 1 Magistrate Court of Pakwach in Civil Suit No. 013 of 2020. Judgment had been entered against the applicant in favour of the respondent, Changa Safi. The applicant was unable to file his appeal within the statutory period due to ill health which persisted after the judgment was delivered. Medical evidence was tendered in support. The applicant also cited the COVID-19 pandemic and associated lockdown as factors that prevented access to court. The application was filed after the applicant's slight recovery and the lifting of lockdown restrictions. The respondent was served but did not file any affidavit in reply or appear to oppose the application.

Issues

  1. Whether the applicant has adduced sufficient reasons to justify the grant of leave to appeal out of time.

Orders

  • Extension of time granted.
  • The appeal is to be filed within 7 days from the date of the ruling.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Leave to Appeal Out of Time — Sufficient Reason — Applicant's Ill Health
Where an applicant seeking leave to appeal out of time demonstrates through medical evidence that ill health prevented compliance with the statutory time limit for filing an appeal, and the application is made without undue delay after recovery, sufficient reason is established under section 96 of the Civil Procedure Act and Order 51 rule 6 of the Civil Procedure Rules.
Civil Procedure — Extension of Time — Discretion of Court — Substantive Justice Over Procedural Technicality
The discretion to grant extension of time to file an appeal must be exercised judicially on proper analysis of the facts and application of the law. The administration of justice requires that the substance of all disputes be investigated and decided on their merits, and procedural lapses should not debar a litigant from pursuit of his rights where sufficient reason for the delay is shown.
Civil Procedure — Leave to Appeal — Function and Purpose — Avoiding Miscarriage of Justice
Leave to appeal is granted where prima facie it appears that there are grounds of appeal which merit serious judicial consideration. Refusal to grant leave to extend time to file an appeal where sufficient reason for delay is shown would cause an injustice to the applicant.

Legislation cited (11)

Cases cited (7)

  • Hajji Mohamed Nyanzi v Ali Segane [1992-1993] HCB 21
  • Priscilla Wambi Mischek v Samuel Thata & Ors (Court of Appeal No. 30 of 1976)
  • Rosette Kizito v Administrator General & Others (Supreme Court Civil Appeal No. 9 of 1986)
  • Devhi v Diamond Concrete Company [1974] EA 493
  • Sabiiti Kachope & 3 Ors v Margrat Kamuje (Supreme Court Civil Appeal No. 31 of 1997)
  • Shabin Din v Ram Parkash Anand (1955) 22 EACA 48
  • J Hanningfon Wasswa v M. Onyango Ochola [1992-1993] HCB 103 (SC)

Full judgment

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

Ashiraf v Changa (Miscellaneous Application 14 of 2022) [2023] UGHC 497 (10 October 2023)
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.