Kapiriri v International Investments and 5 Others (Civil Application Number 0125 of 2015)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

On an omnibus application combining extension of time, leave to appeal, and stay of proceedings, the single judge of the Court of Appeal granted the applicant an extension of time within which to lodge his application for leave to appeal and granted leave to appeal the High Court decision dismissing his application to amend the plaint. The court declined, for the time being, to grant a stay of proceedings, directing instead that the applicant file his substantive appeal by 14 March 2018, after which the application for stay of proceedings in the underlying civil suit could be heard.

Outcome

Extension of time and leave to appeal granted; stay of proceedings deferred pending filing of substantive appeal by 14 March 2018

Facts

The applicant had filed a civil suit (Civil Suit No. 106 of 2007) for trespass after being evicted from suit land by the first respondent and its agents. During cross-examination, issues of fraud emerged when the first respondent indicated he held a title over the suit land, facts said not to have been within the applicant's knowledge when filing the suit. The applicant sought to amend the plaint to include fraud and to add the Commissioner for Land Registration. That application to amend was dismissed by the High Court at Jinja on 19 February 2014 (Misc. Application No. 170 of 2012). The applicant lodged a notice of appeal but had not filed a record of appeal. He then brought this omnibus application seeking extension of time to file an application for leave, leave to appeal, and a stay of proceedings.

Issues

1. Whether the applicant should be granted an extension of time within which to file an application for leave to appeal.
2. Whether the applicant should be granted leave to appeal the High Court decision dismissing his application to amend the plaint.
3. Whether a stay of proceedings should be granted.

Orders

• The applicant is granted extension of time within which to lodge his application for leave to appeal against the decision of Hon. Mr. Justice Namundi Godfrey in Misc. Application No. 170 of 2012 delivered on 19 February 2014.
• The applicant is granted leave to appeal the decision of the High Court of Uganda at Jinja given on 19 February 2014 dismissing the applicant's application for leave to amend the plaint.
• The applicant should file his appeal by 14 March 2018 and the application for stay of proceedings in Civil Suit No. 106 of 2007 may thereafter be heard.

Rules and key headnotes

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