Kasangaki v Tumwesigye (Civil Appeal No. 265 of 2020)

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

The applicant sought a certificate that her intended appeal against the Court of Appeal's decision in Civil Appeal No. 195 of 2013 raised a matter of law of great public or general importance, together with an extension of time to lodge the application. At the hearing, counsel for the respondent conceded the prayer for extension of time. The Court accordingly granted the extension under Rule 2(2) of the Court of Appeal Rules, deeming the application duly filed within time and validating it. Costs were ordered to be in the cause. The Court did not determine the substantive question of whether to issue the certificate.

Outcome

Extension of time granted by consent; application deemed validly filed within time.

Facts

The applicant intended to appeal against the Court of Appeal's decision in Civil Appeal No. 195 of 2013. She applied for a certificate that the intended appeal raised a matter of law of great public or general importance. As part of the application she also sought an extension of time within which to lodge the application. When the matter came up for hearing, counsel for the respondent conceded the prayer for the extension of time. The Court did not proceed to determine the substantive question of whether to grant the certificate.

Issues

1. Whether the applicant should be granted an extension of time within which to lodge the application for a certificate of importance.

Orders

• Extension of time in respect of the filing of the application granted under Rule 2(2) of the Court's Rules of Procedure.
• The application is deemed to have been filed within time and is duly validated.
• Costs shall be in the cause.

Legislation cited (4)

• Judicature Act s.6(2)
• Supreme Court Rules r.39(1)
• Court of Appeal Rules r.43
• Court of Appeal Rules r.2(2)

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