Wakilii

Byeshamika John v Kakwerere Lydia (HCT-05-CV-MA-0177-2004 ) (HCT-05-CV-MA-0177-2004)

High Court · [2005] UGHC 111 · 2005 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time arising from the striking out of an earlier appeal filed out of time
Decision
Application for leave to appeal out of time dismissed due to dilatory conduct and insufficient reasons shown

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to appeal out of time dismissed. The court held that the applicant failed to show sufficient reason for the extension, noting dilatory conduct on the applicant's part. The appeal had been struck out in March 2004 but the application was not filed until seven months later in October 2004. The supporting affidavit contained false statements about when the appeal was struck out.

Outcome

Application for leave to appeal out of time dismissed due to dilatory conduct and insufficient reasons shown

Facts

The applicant filed an appeal on 18 April 2000 against a judgment delivered on 14 April 1998, approximately two years earlier. The memorandum of appeal referred to leave to appeal out of time allegedly granted in a ruling dated 8 September 1999 and delivered 5 October 1999, but no evidence of such leave existed on record. The appeal was struck out on 1 March 2004 as incompetent for being filed out of time. The applicant filed this application for leave to appeal out of time on 21 October 2004, more than seven months after the appeal was struck out. The application alleged that clerks at the Court Registry in Kabale had caused delay, but provided no details of when the applicant approached the registry or whether it was already out of time. The supporting affidavit sworn on 2 October 2004 falsely stated that the appeal had been struck out the previous day when it had actually been struck out seven months earlier.

Issues

  1. Whether the applicant has shown sufficient reason to be granted leave to appeal out of time.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Test for Leave to Appeal Out of Time — Requirement to Show Sufficient Reason
An applicant for an extension of time to appeal must show sufficient reason why more time should be granted, and the most persuasive reason is that the delay has not been caused or contributed to by dilatory conduct on the applicant's part.
Civil Procedure — Extension of Time — Dilatory Conduct — Effect on Application
Where an applicant demonstrates dilatory conduct, including waiting seven months after an appeal is struck out before filing an application for leave to appeal out of time, the court will not grant the extension regardless of other factors.
Civil Procedure — Affidavits — False Statements — Effect on Application
A supporting affidavit containing false statements about material facts, such as the date when an appeal was struck out, will weigh against the applicant and contribute to the dismissal of the application.

Cases cited (1)

  • Shanti v Handocha & Others [1973] EA 207

Full judgment

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

Byeshamika John v Kakwerere Lydia (HCT-05-CV-MA-0177-2004 ) (HCT-05-CV-MA-0177-2004) [2005] UGHC 111 (18 May 2005)
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.