Wakilii

Kizito Eddie and Another v Kanyike Samuel and Another (Miscellaneous Application 762 of 2024)

High Court · [2025] UGHCFD 125 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time arising from Civil Suit No. 361 of 2016
Decision
Application for leave to appeal out of time dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the application for leave to appeal out of time. The applicants failed to provide sufficient reasons for the delay, having filed their review application after the statutory appeal period had already expired. The Court held that a party cannot simultaneously pursue both review and appeal remedies, and that awaiting the outcome of a review application filed out of time cannot justify failure to appeal within the prescribed period.

Outcome

Application for leave to appeal out of time dismissed

Facts

The applicants sought leave to appeal out of time against a judgment delivered on 7 September 2022 in Civil Suit No. 361 of 2016. The statutory appeal period expired on 6 October 2022. Instead of appealing, the applicants filed an application for review on 1 December 2022, which was dismissed on 13 December 2023. The present application for leave to appeal was filed on 21 May 2024. Meanwhile, the applicants had participated in taxation of costs, consented to execution, and made partial payments totalling ten million shillings to the respondents. The first respondent opposed the application, arguing that the applicants had accepted the judgment by their conduct and that the application was an afterthought to frustrate execution.

Issues

  1. Whether the applicants should be granted leave to appeal the decision of the High Court in Civil Suit No. 361 of 2016 out of time.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal Out of Time — Sufficient Reasons Required
An applicant seeking leave to appeal out of time must show sufficient reasons why it was not possible to lodge an appeal within the time prescribed by law, and such reasons must relate to inability or failure to take a particular step in proceedings.
Civil Procedure — Appeals — Time Limits — Computation of Appeal Period
Under Section 79(1) of the Civil Procedure Act, an appeal must be entered within thirty days of the date of the decree or order, and filing a review application after the appeal period has expired cannot justify failure to appeal within the statutory time.
Civil Procedure — Review and Appeal — Mutually Exclusive Remedies
A party cannot simultaneously pursue both review and appeal remedies; Order 44 Rule 1(2) of the Civil Procedure Rules provides that a party who is not appealing may apply for review, and there is no menu available to a party who applies for review to also seek leave to appeal once the review application fails.

Legislation cited (5)

Cases cited (1)

  • Mulindwa George William v Kisubika Joseph (Supreme Court Civil Appeal No. 12 of 2014)

Full judgment

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

Kizito Eddie and Another v Kanyike Samuel and Another (Miscellaneous Application 762 of 2024) [2025] UGHCFD 125 (3 October 2025)
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.