Draleti Williams v Rose Milly alias Dagasi and Others (Civil Appeal No. 6 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court struck out the appeal as incompetent because it was filed six months and eight days after the lower court's judgment, well beyond the thirty-day statutory period prescribed by section 79 of the Civil Procedure Act. The appellant neither obtained an order extending time nor advanced reasons for the court to exercise discretion to entertain the late appeal.
Outcome
Appeal struck out for being filed out of time
Facts
The appellant appealed a judgment delivered by the Chief Magistrate's Court at Moyo on 16 August 2023. The memorandum of appeal was lodged in the High Court on 23 February 2024, six months and eight days after the lower court's decision. Section 79 of the Civil Procedure Act requires appeals to be filed within thirty days of the decree or order. The appellant did not seek an extension of time nor provide reasons for the delay.
Issues
- Whether the appeal filed six months and eight days after the lower court's decision, without an order extending time, is competent.
Orders
- Appeal struck out.
- Costs awarded to the respondents.
Rules and key headnotes
Legislation cited (1)
Cases cited (2)
- Ssekazi Godfrey v Kyeyune David (Civil Appeal No. 109 of 2015)
- Re Application of Mustapha Ramathan (Civil Appeal No. 25 of 1996)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.