Wakilii

Bunduga Kasto and Others v Amaku Micheal and Another (Civil Appeal No. 74 of 2023)

High Court · [2026] UGHC 862 · 2026 Appeal Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Magistrates' Court at Arua, dismissed for failure to file memorandum of appeal
Decision
Appeal struck out for failure to file memorandum of appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A notice of appeal does not commence an appeal from a Magistrates' Court to the High Court. An appeal is commenced by filing a memorandum of appeal as required by Order 43 rule 1(1) of the Civil Procedure Rules. Where appellants filed only a notice of appeal and failed to file a memorandum of appeal, the purported appeal is incompetent and must be struck out.

Outcome

Appeal struck out for failure to file memorandum of appeal

Facts

The appellants appealed from a judgment of the Magistrates' Court of Arua delivered on 13 October 2023. They filed a notice of appeal on 26 October 2023 but never filed a memorandum of appeal. When the matter came up for mention on 3 October 2025, neither the appellants nor the respondents appeared. The court noted that the practice of filing only a notice of appeal without a memorandum of appeal is common in the region but is not provided for in statute.

Issues

  1. Whether a notice of appeal alone, without a memorandum of appeal, commences an appeal from the Magistrates' Court to the High Court.

Orders

  • Purported appeal struck out.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Commencement of Appeal — Notice of Appeal versus Memorandum of Appeal
A notice of appeal does not commence an appeal from the Magistrates' Court to the High Court; an appeal is commenced by filing a memorandum of appeal in accordance with Order 43 rule 1(1) of the Civil Procedure Rules.
Civil Procedure — Appeals — Form and Requirements — Memorandum of Appeal
Every appeal to the High Court must be preferred in the form of a memorandum signed by the appellant or their advocate and presented to the court as required by Order 43 rule 1(1) of the Civil Procedure Rules, section 202 of the Magistrates Court Act, and section 79 of the Civil Procedure Act.
Civil Procedure — Appeals — Incompetent Appeals — Striking Out
Where appellants file only a notice of appeal without filing a memorandum of appeal, no appeal lies before the High Court and the purported appeal must be struck out as incompetent.

Legislation cited (3)

Cases cited (6)

  • Maria Onyango Ochola and Others v J. Hannington Wasswa [1996] HCB 43
  • Geoffrey Nangumya t/a Nangumya & Co. Advocates v Security Plus (U) Ltd (HCMA No. 858 of 2021)
  • Loi Kageni Kiryapawo v Gole Nicholas Davis (S.C. Miscellaneous Civil Application No. 15 of 2007)
  • Hajj Mohammed Nyanzi v Ali Sseggane [1992-1993] HCB 218
  • Equity Bank Uganda Ltd v Nicholas Were (HCMA No. 604 of 2013)
  • Attorney General of Uganda v East African Law Society & Another (EACJ Application No. 1 of 2013)

Full judgment

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

Bunduga Kasto and Others v Amaku Micheal and Another (Civil Appeal No. 74 of 2023) [2026] UGHC 862 (29 July 2026)
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.