Wakilii

Kanyomozi v Motor Mart (U) Ltd (Civil Application No. 8 98)

Supreme Court · [1999] UGSC 42 · 1999 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single judge of the Supreme Court for extension of time to file an application for restoration of a dismissed appeal (Civil Appeal No. 15/95)
Decision
Application for extension of time allowed; applicant granted 21 days to file the application to restore the dismissed Civil Appeal No. 15/95

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application for extension of time to apply for restoration of an appeal dismissed for want of prosecution, the single judge held that a mistake or oversight by counsel may constitute 'sufficient reason' under rule 4 of the Supreme Court Rules, since an advocate's blunder should not be visited on an innocent litigant and damages against the advocate are rarely a satisfactory remedy. Although sufficient reason normally relates to the applicant's inability to act in time, other factors may suffice. Despite an inordinate and largely unexplained delay of about 22 months, the court exercised its free discretion, having regard to the nature of the underlying judgment, and allowed the application, with costs to the respondent.

Outcome

Application for extension of time allowed; applicant granted 21 days to file the application to restore the dismissed Civil Appeal No. 15/95

Facts

In 1993 the applicant sued the respondent and others in the High Court for breach of contract concerning the repair of his motor vehicle, claiming special damages of about Shs. 75,515,650, general damages, interest and costs. The suit was dismissed in January 1995 and the applicant promptly filed Civil Appeal No. 15/95 in the Supreme Court. The appeal was twice adjourned by consent and, on 19 February 1997, was dismissed for want of prosecution when counsel appeared only to seek a further adjournment. About seven months later the applicant filed an application to restore the appeal, which was withdrawn as time-barred under the Rules. A further period of about five months elapsed before the present application for extension of time was filed on 29 October 1998 — roughly 22 months after the appeal's dismissal. The only explanation advanced for the delay was oversight on the part of the applicant's counsel.

Issues

  1. Whether a mistake or oversight on the part of counsel constitutes 'sufficient reason' within rule 4 of the Supreme Court Rules to justify extending time.
  2. Whether the inordinate and largely unexplained delay in bringing the application should bar the grant of an extension of time.

Orders

  • Application allowed.
  • Time within which to file the application to restore Civil Appeal No. 15/95 extended to 21 days from the date of this ruling.
  • Costs of the application to the respondent.

Rules and key headnotes

Civil Procedure — Extension of Time — Mistake of Counsel as 'Sufficient Reason' under Rule 4
A mistake or oversight on the part of counsel may amount to 'sufficient reason' within rule 4 of the Supreme Court Rules for extending time, because an advocate's blunder should not be visited on an innocent litigant.
Civil Procedure — Extension of Time — Scope of 'Sufficient Reason'
While 'sufficient reason' normally relates to a reason that prevented the applicant from taking the required step within the prescribed time, other factors unconnected with the applicant's inability to comply may also constitute sufficient reason.
Civil Procedure — Extension of Time — Inordinate Delay and Judicial Discretion
Inordinate and largely unexplained delay does not automatically bar an extension of time; the court retains a free discretion and may, in determining whether refusal would cause injustice, have regard to the nature of the impugned judgment and the desirability of the matter being heard on its merits.
Civil Procedure — Extension of Time — Remedy in Damages Against Advocate
The existence of a remedy in damages against a defaulting advocate is not a sufficient answer for refusing an extension of time, since damages can rarely be a satisfactory substitute for the lost right to litigate or appeal.

Legislation cited (3)

  • Supreme Court Rules 1996 r.4
  • Supreme Court Rules 1996 r.1(3)
  • Supreme Court Rules 1996 r.95(5)

Cases cited (10)

  • Essaif Vs Ssolanki (1968) EA 218
  • Haji Nurdin Matovu v Ben Kiwanuka (Civil Application No. 12 of 1991)
  • Muqo vs Wankiru (1970) EA 481
  • Shanti vs Hichonda & Others (1973) EA 207
  • Executrix of the Estate of Namatovu Vs Noel G. Shalifa (unreported)
  • N.A.S. Airport Services Limited Vs Attorney-General of Kenya (1959) EA 53
  • Nqoni-Matengo Co-op Union Vs Alimahomed Osman (1959) EA 577
  • Bhaichand Shah Vs Jamnadas & Co. Ltd. (1959) EA 838
  • Shiv Construction Co. Ltd v Endesha Enterprises Ltd (Civil Application No. 15 of 1992)
  • The Commissioner of Transport Vs Attorney General of Uganda (1959) EA 325

Full judgment

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

Kanyomozi v Motor Mart (U) Ltd (Civil Application No. 8 98) [1999] UGSC 42 (12 February 1999)
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.