Wakilii

James Bwogi & Sons Enterprises Ltd v Kampala Capital City & Another (Civil Application 9 of 2017)

Supreme Court · [2018] UGSC 71 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion to the Supreme Court for extension of time within which to serve a Notice of Appeal
Decision
Application granted; three-day extension of time allowed, validating the Notice of Appeal and the appeal.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought to extend time to serve a Notice of Appeal served three days out of time. The single Justice held that the court's discretion to extend time under rule 5 turns on 'sufficient reason', which includes a reason why the appeal should proceed despite delay, especially where shutting out the appeal would cause injustice. Although the delay in applying was inadequately explained and the alleged court delay uncorroborated, the court lifted the veil to spare the applicant for its counsel's errors, given the prime-property subject matter warranted a hearing on merits. The extension was granted, validating the Notice of Appeal and appeal, but the applicant's advocates were ordered to personally bear the 2nd respondent's costs.

Outcome

Application granted; three-day extension of time allowed, validating the Notice of Appeal and the appeal.

Facts

The applicant was dissatisfied with the Court of Appeal judgment in Civil Appeal No. 52 of 2009, delivered on 1 August 2017. It lodged a Notice of Appeal in the Court of Appeal registry on 4 August 2017, within time. The Registrar did not sign and seal the Notice promptly; it was signed on 14 August 2017 and served on the respondents the same day, three days out of time. The applicant attributed the delay to court staff who failed to make a signed Notice available despite repeated checks by its law clerk. The substantive appeal was filed on 7 September 2017 and served on 8 September 2017, which was not in dispute. The 2nd respondent had earlier applied (Application No. 33/2017) to strike out the appeal for failure to take an essential step. The applicant did not apply for extension of time until 7 December 2017, nearly four months after the late service. The subject matter was a prime property at Plot 38 Nile Avenue, Kampala.

Issues

  1. Whether the applicant had shown sufficient reason under rule 5 of the Supreme Court Rules to warrant an extension of time for serving the Notice of Appeal.
  2. Whether the application should be adjourned to a full bench under rule 50(1) to be heard together with the pending application to strike out the appeal.

Orders

  • Extension of three days granted, validating the Notice of Appeal and the appeal itself.
  • The firm of Nambale, Nerima & Advocates for the applicant to personally pay the costs of the application to counsel for the 2nd respondent, fixed at Shs 2,000,000.
  • Counsel for the 1st respondent to bear his own costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Meaning of Sufficient Reason under Supreme Court Rules r.5
The court's discretion under rule 5 of the Supreme Court Rules to extend time for sufficient reason is unfettered; sufficient reason includes either a reason that prevented the applicant from taking the essential step in time or another reason why the intended appeal should be allowed to proceed though out of time, and an extension may be granted even after inordinate delay where shutting out the appeal would cause injustice.
Civil Procedure — Extension of Time — Mistake or Fault of Counsel — Lifting the Veil
When considering all the circumstances of an application for extension of time, the court is not precluded from inferring matters that appear obscured and ought to lift the veil to identify the party who would suffer most if justice were denied on the ground of the fault or error of counsel, even where mistake of counsel has not been expressly pleaded.
Civil Procedure — Costs — Personal Liability of Advocate for Professional Carelessness
Where an advocate's professional carelessness occasions the default that necessitated the application, the court may, in its discretion over costs, order the advocate's firm to personally bear the opposing party's costs rather than visit them on the client.

Legislation cited (5)

  • Judicature Act s.8
  • Supreme Court Rules r.5
  • Supreme Court Rules r.42
  • Supreme Court Rules r.43
  • Supreme Court Rules r.50(1)

Cases cited (3)

  • Joseph Muluta v Sylvano Katama (Civil Application No. 2 of 1999)
  • Godfrey Magezi & Brian Mbazira v Sudhir Ruparellia (Miscellaneous Application No. 6 of 2003)
  • Boney M. Katatumba v Waheed Karim (Civil Application No. 27 of 2007)

Full judgment

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

James Bwogi & Sons Enterprises Ltd v Kampala Capital City & Another (Civil Application 9 of 2017) [2018] UGSC 71 (6 February 2018)
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.