Wakilii

Bucana v Kafureka (Civil Appeal No. 13 of 1999)

High Court · [2003] UGHC 98 · 2003 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Grade I Magistrate's Court judgment with preliminary objection raised on limitation grounds
Decision
Appeal struck out for being filed outside the prescribed limitation period

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

The High Court struck out an appeal for being filed out of time. The appellant failed to provide evidence that typed proceedings were only received on 9th September 1999. Without such evidence, the court held the appellant should have applied for extension of time rather than relying on the exclusion provision in section 80(2) of the Civil Procedure Act.

Outcome

Appeal struck out for being filed outside the prescribed limitation period

Facts

Judgment was delivered in the Grade I Magistrate's Court at Mbarara on 11th February 1999. The following day, counsel for the appellant applied for typed copies of the proceedings and judgment. The magistrate received the request on 15th February 1999 and gave instructions for typing on 17th February 1999. The appellant claimed the typed proceedings were not made available until 9th September 1999, and the appeal was filed on 7th October 1999. The respondent raised a preliminary objection that the appeal was filed out of time under section 80 of the Civil Procedure Act.

Issues

  1. Whether the appeal was filed within the prescribed time for filing appeals to the High Court.
  2. Whether the time taken by the court to prepare typed proceedings and judgment should be excluded in computing the limitation period under section 80(2) of the Civil Procedure Act.

Orders

  • Preliminary objection upheld.
  • Appeal struck out with costs to the respondent.

Rules and key headnotes

Civil Procedure — Appeals — Limitation — Time for Filing Appeals
An appeal must be filed within thirty days of the date of the decree or order unless otherwise specifically provided, and this period may be extended by the appellate court for good cause shown under section 80(1)(a) of the Civil Procedure Act.
Civil Procedure — Appeals — Exclusion of Time — Burden of Proof
Where an appellant seeks to exclude time taken by the court in preparing typed proceedings under section 80(2) of the Civil Procedure Act, the appellant bears the burden of furnishing evidence showing when the typed record was actually received and that it was not available earlier.
Civil Procedure — Appeals — Limitation — Extension of Time
Where an appellant lacks evidence to show that an appeal was filed within time, the proper course is to apply for extension of time rather than to rely solely on the exclusion provision in section 80(2) of the Civil Procedure Act.

Legislation cited (2)

Cases cited (1)

  • Essanji & Others v Solanki [1968] EA 218

Full judgment

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

Bucana v Kafureka (Civil Appeal No. 13 of 1999) [2003] UGHC 98 (26 August 2003)
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.