Wakilii

Kasozi Antonio v Ssekabanja Joseph and Others (Miscellaneous Application 109 of 2024)

High Court · [2026] UGHC 454 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file memorandum of appeal arising from Civil Appeal No. 11 of 2024
Decision
Application granted; appeal admitted to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for enlargement of time to file a memorandum of appeal. The applicant had requested court proceedings from the trial court on 7 May 2024, five days after judgment, and the proceedings were only ready on 4 December 2024. The court held that the applicant demonstrated sufficient cause by acting without delay and that his request stopped the limitation clock under section 79(2) of the Civil Procedure Act. The appeal was admitted.

Outcome

Application granted; appeal admitted to proceed

Facts

The applicant was self-represented in the lower court. Judgment was delivered on 2 May 2024. On 7 May 2024, the applicant filed a request for the record of judgment and court proceedings to enable him draw up his memorandum of appeal. He followed up repeatedly but was told to return on different days. The trial court proceedings were only ready on 4 December 2024. The applicant filed his appeal on 1 July 2024 and this application for enlargement of time on 21 June 2024. The respondents filed no response to the application, though the first respondent attended the hearing.

Issues

  1. Whether the applicant demonstrated sufficient cause to warrant enlargement of time to file his memorandum of appeal.

Orders

  • Application for enlargement of time granted.
  • Appeal admitted.
  • Costs of the application to abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Appeals — Extension of Time — Sufficient Cause
An applicant seeking extension of time to appeal must demonstrate sufficient cause, essentially special circumstances justifying the grant of additional time, and the strongest ground is that the delay was neither caused nor worsened by any procrastination on the applicant's part.
Civil Procedure — Appeals — Extension of Time — Effect of Request for Court Record
Where an applicant files a timely request for court proceedings and record of judgment for purposes of drawing up a memorandum of appeal, such request has the effect of stopping the limitation clock on appeals until the requested documents are ready for dispatch under section 79(2) of the Civil Procedure Act.
Civil Procedure — Affidavit Evidence — Unrebutted Averments
Averments or facts stated under oath in an affidavit which are not denied or rebutted by the opposite party are presumed to be accepted as true, though this does not abdicate the court of its legal duty to consider the application on its merits.

Legislation cited (2)

Cases cited (5)

  • Samwiri Massa v Rose Achen [1978] HCB 297
  • Kabogere Coffee Factory Ltd and Another v Kigongo [1990-1994] 1 EA 130
  • Shanti v Hindocha and Others [1973] EA 207
  • Dr Rubinga v Yakobo Kato and 2 Others (Civil Application No. 35 of 1992)
  • Bakaluba Mukasa Peter and Another v Nalugo Mary Margret Sekiziyivu (Court of Appeal Election Petition Application No. 24 of 2011)

Full judgment

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

Kasozi Antonio v Ssekabanja Joseph and Others (Miscellaneous Application 109 of 2024) [2026] UGHC 454 (30 April 2026)
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.