Wakilii

Kalokoka v Nduga (Misc. Application No. 497 of 2014)

High Court · [2015] UGHCCD 112 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of High Court order striking out an appeal
Decision
Application for review dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for review of an order striking out an appeal. Held that there was no error apparent on the face of the record, as proceeding without an extracted decree would itself have been error. The failure to extract a decree is not a technicality in Magistrates Courts which are not courts of record. The applicant's counsel took no steps to comply with the law. The proper remedy was to extract the decree and apply for restoration of the appeal or seek extension of time to appeal.

Outcome

Application for review dismissed

Facts

The applicant filed Civil Appeal No. 001 of 2013 against the respondent. On 19 May 2014, the High Court struck out the appeal with costs because a decree from the lower Magistrate's Court had not been extracted. The applicant then applied for review of that order, arguing that the striking out was an error apparent on the face of the record and that the failure to extract the decree was the fault of the trial magistrate, not the applicant or his counsel. The respondent opposed the application. Only the applicant's counsel filed written submissions.

Issues

  1. Whether there are grounds for court to grant an order of review.
  2. Whether the applicant is entitled to the orders sought in the application.

Orders

  • Application dismissed with costs.

Rules and key headnotes

Civil Procedure — Review — Grounds for Review — Error Apparent on Face of Record
An error apparent on the face of the record must be manifest or self-evident and not require examination or argument to establish it. A misdirection by a judicial officer on a matter of law cannot be said to be an error apparent on the face of the record.
Civil Procedure — Appeals — Magistrates Courts — Requirement to Extract Decree
The requirement to extract a decree before appealing from Magistrates Courts is not a technicality. In proceedings before magistrates, which are not courts of record, the decree is of paramount importance as it is the only evidence that the matter has been finally disposed of.
Civil Procedure — Review — Sufficient Reason — Remedy for Failure to Extract Decree
The remedy for a party who neglects to include an extracted order or decree in the record of appeal is to extract the decree and apply for restoration of the appeal or seek extension of time to appeal, not to apply for review of the order striking out the appeal.

Legislation cited (6)

Cases cited (6)

  • Abdul Jafar Devji v Ali RMS Devji [1958] EA 558
  • FX Mubwike v UEB (Misc. Application No. 98 of 2005)
  • Edison Kanyabwere v Pastori Tumwebaze (Supreme Court Civil Appeal No. 61 of 2014)
  • Batuk K. Vyas Vs Surat Municipality AIR (1953) Bom 133
  • Banco Arabe Espanol v Bank of Uganda (Supreme Court Civil Appeal No. 42 of 1998)
  • Frank Kibanya Vs ACU Limited Civil Appeal No.24 of 2004 CA (T) at Arusha

Full judgment

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

Kalokoka v Nduga (Misc. Application No. 497 of 2014) [2015] UGHCCD 112 (18 November 2015)
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.