Wakilii

Attorney General V Dan Rubombora & 4 Others (Miscellaneous Application No. 0041 of 2008)

High Court · [2008] UGHC 174 · 2008 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to file notice of appeal out of time arising from enforcement of fundamental rights orders
Decision
Application struck out; Attorney General directed to pursue leave to appeal in the proper sequence before the Court of Appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court lacks jurisdiction to extend time for filing a notice of appeal. Under the Court of Appeal Rules, extension of time for lodging notice of appeal is exclusively within the jurisdiction of the Court of Appeal. An intending appellant must first file a notice of appeal, then apply to the Court of Appeal for extension of time if the prescribed period has elapsed. Application struck out for want of jurisdiction.

Outcome

Application struck out; Attorney General directed to pursue leave to appeal in the proper sequence before the Court of Appeal

Facts

The Attorney General sought leave to file a notice of appeal out of time against orders enforcing fundamental rights made in favor of the respondents. The respondents had successfully obtained orders protecting their freedom of speech against alleged infringement by the state. Following delivery of judgment, the Attorney General's counsel applied for leave to appeal but was told the appeal lay as of right. The applicant's file was then transferred from Mbarara to Kampala, causing delay, and the 14-day period for filing notice of appeal elapsed. The Attorney General invoked court jurisdiction under the Civil Procedure Rules and section 96 of the Civil Procedure Act to extend time.

Issues

  1. Whether the High Court has jurisdiction to grant leave to file a notice of appeal out of time.
  2. Whether the applicant showed sufficient cause for the delay in filing a notice of appeal.
  3. Which court has jurisdiction to extend time for lodging notice of appeal.

Orders

  • Application struck out for want of jurisdiction.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Jurisdiction to Extend Time for Filing Notice of Appeal
The jurisdiction to extend time for lodging a notice of appeal to the Court of Appeal is exclusively vested in the Court of Appeal under rule 5 of the Court of Appeal Rules. The High Court lacks jurisdiction to grant such extension of time.
Civil Procedure — Appeals — Procedure Where Leave to Appeal Required
Where an appeal lies only with leave of court, an intending appellant may lodge a notice of appeal before obtaining leave to appeal, pursuant to rules 41(1) and 76(4) of the Court of Appeal Rules. The proper procedure is to file the notice of appeal first, then apply for leave to appeal and, if necessary, for extension of time in the Court of Appeal.
Civil Procedure — Applications — Striking Out for Want of Jurisdiction
Where an application is brought before a court lacking jurisdiction to entertain it, the proper course is to strike out the application rather than dismiss it. A court acts ultra vires if it decides on the merits of a matter beyond its jurisdiction.
Civil Procedure — Appeals — Application for Leave to Appeal from High Court Orders
Under Order 44 rules 2, 3, and 4 of the Civil Procedure Rules, an application for leave to appeal from High Court orders not appealable as of right must be made in the first instance to the High Court making the order, and such application shall be by motion on notice.
Human Rights — Enforcement Orders — Appealability
Orders made by the High Court for the enforcement of fundamental rights and freedoms are not appealable as of right. Such orders fall outside the categories of orders appealable as of right under section 76 of the Civil Procedure Act and Order 44 rule 1 of the Civil Procedure Rules, and therefore require leave of court before an appeal may be lodged.

Legislation cited (20)

Cases cited (2)

  • Godfrey Magezi & Brian Mbazira v Sudhir Ruparelia (Supreme Court Civil Application No. 10 of 2002)
  • Attorney General v A.K.P.M. Lutaaya (Supreme Court Civil Application No. 12 of 2007)

Full judgment

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

Attorney General V Dan Rubombora & 4 Others (Miscellaneous Application No. 0041 of 2008) [2008] UGHC 174 (19 November 2008)
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.