Wakilii

Kenloyd Logistics (U) Ltd v Harshi Energy (U) Ltd (Miscellaneous Application No. 421 of 2017)

High Court · [2018] UGCOMMC 61 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time and stay of execution arising from Civil Suit No. 285 of 2014
Decision
Application for leave to appeal out of time and stay of execution dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for leave to appeal out of time and stay of execution was dismissed where the applicant failed to demonstrate that the intended appeal had reasonable chances of success or arguable grounds deserving serious consideration. The applicant was guilty of dilatory conduct, having waited over a year after being informed that review was improper and only filing the application when execution proceedings were commenced three years after the original judgment.

Outcome

Application for leave to appeal out of time and stay of execution dismissed

Facts

The respondent sued the applicant in Civil Suit No. 285 of 2014 for payment of USD 100,000 by summary procedure under Order 36. The applicant paid the principal sum and the respondent acknowledged receipt. The respondent then claimed 10% interest on the USD 100,000. The applicant applied for leave to appear and defend against the claim for interest but was denied, and judgment was entered ordering payment of 10% interest on USD 100,000 for the period 30 October 2013 to 18 August 2014. The applicant filed Miscellaneous Application No. 853 of 2014 seeking review of the order, which was dismissed on 22 April 2016 as improperly brought, with the court indicating appeal was the proper remedy. The applicant did not act until May 2017 when the respondent filed execution proceedings. The applicant then filed this application in 2017 seeking leave to appeal out of time and stay of execution.

Issues

  1. Whether the applicant should be granted leave to appeal out of time against the decision in Civil Suit No. 285 of 2014.
  2. Whether the time within which to file an appeal should be extended.
  3. Whether an order for stay of execution should be granted.

Orders

  • Application dismissed with costs.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal Out of Time — Requirements
An applicant seeking leave to appeal out of time must show either that the intended appeal has reasonable chances of success or that it has arguable grounds of appeal which deserve serious consideration, and must not be guilty of dilatory conduct.
Civil Procedure — Appeals — Dilatory Conduct — Effect on Extension of Time
Where an applicant waits over a year after being informed that review was the wrong procedure before seeking leave to appeal, and only files the application when execution proceedings are commenced three years after judgment, such conduct is dilatory and disentitles the applicant to an extension of time.
Civil Procedure — Appeals — Demonstration of Arguable Grounds — Specificity Required
It is insufficient for an applicant seeking leave to appeal to merely allege that the intended appeal raises important questions of law and fact without expounding on how the appeal has a likelihood of success or indicating the specific points of law that warrant the appellate court's consideration.

Legislation cited (6)

Cases cited (7)

  • Mutaba Barisa Kweterana v Bazirakye Yeremiya and Another (Civil Application No. 158 of 2014)
  • Tusker Matresses (U) Ltd v Royal Care Pharmaceuticals (Civil Application No. 393 of 2010)
  • Dr. Sheik Ahmed Kisuule v Greenland Bank (in Liquidation) (Supreme Court Civil Application No. 11 of 2011)
  • G.M Combined (U) Ltd v A. K Detergents (U) Ltd (Court of Appeal No. 23 of 1994)
  • Kasim Jamada Waligious v Sunflag Textiles & Knit Wear Mills Ltd (Miscellaneous Application No. 154 of 2010)
  • Degeya Trading Stores (U) Ltd v URA (Civil Application No. 16 of 1996)
  • Sekyah Kyakwambala (Court of Appeal No. 7 of 2010) [2012] UGHC 254

Full judgment

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

Kenloyd Logistics (U) Ltd v Harshi Energy (U) Ltd (Miscellaneous Application No. 421 of 2017) [2018] UGCommC 61 (7 August 2018)
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.