Birihariiwe v Bright Amooti (HCT-01-CV-CA 42 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An appeal from a registrar's decision must be filed within seven days under section 79(1)(b) of the Civil Procedure Act. Where an appeal is filed outside this period without obtaining leave to appeal out of time, it is not properly before the court. The appeal was struck out having been filed two months after the registrar's decision without seeking leave to file out of time.
Outcome
Appeal struck out for being filed out of time without leave
Facts
The respondent filed a bill of costs in Election Petition No. 10 of 2021. The appellant opposed the bill on grounds that the respondent's advocate lacked a valid practicing certificate when taking instructions. The Assistant Registrar overruled the preliminary objection on 25 October 2022. The appellant filed an appeal on 20 December 2022, approximately two months after the registrar's decision, without seeking leave to appeal out of time. The respondent did not oppose the appeal despite being properly served.
Issues
- Whether the appeal is proper before court.
- Whether the appeal should be allowed.
Orders
- Appeal struck out.
- No order as to costs.
Rules and key headnotes
Legislation cited (3)
Cases cited (1)
- Murangwa Bruno and Another v Luyimbazi James (Miscellaneous Appeal No. 16 of 2019)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.