Drammy Dominic and Others v Owole Nixon (Civil Appeal No. 55 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court struck out the appeal for being filed nine months and eleven days after the lower court judgment, in breach of the mandatory thirty-day time limit under section 79 of the Civil Procedure Act. The appellants neither sought an extension of time nor advanced reasons for the delay. Statutes of limitation are strict and inflexible, and the court has no discretion to entertain an appeal filed out of time without a prior extension order.
Outcome
Appeal struck out for being filed out of time
Facts
The appellants appealed a judgment delivered by a Magistrate Grade One in Adjumani on 19 February 2021. The memorandum of appeal was filed in the High Court on 30 November 2021, nine months and eleven days after the lower court decision. Section 79 of the Civil Procedure Act requires appeals from magistrates' courts to be filed within thirty days of the decree or order. The appellants did not seek an extension of time nor provide reasons for the delay.
Issues
- Whether the appeal was filed within the statutory time limit prescribed by section 79 of the Civil Procedure Act.
Orders
- Appeal struck out.
- Costs awarded to the respondent.
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.