Lubega & 2 Ors v Walonze (Civil Application No. 036 of 2016)

Observed later treatment

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

Held that service of a memorandum of appeal must follow the provisions of Order 5 CPR governing service of summons. The appellant was required to serve the memorandum within 21 days of filing or seek an extension within 15 days thereafter. Having served the memorandum 203 days after the due date without seeking an extension, the appeal was served outside the prescribed time. The mandatory nature of Order 5 rules 1 and 3 CPR required dismissal of the appeal.

Outcome

Appeal dismissed for being served out of time without seeking an extension

Facts

The applicants represented the estate of the late Polikapo Kironde, who was the respondent in Wakiso Civil Suit No. 046/2009. Judgment was entered in favour of the deceased on 19 June 2014. The respondent/appellant filed a memorandum of appeal on 9 July 2014 but served it on the applicants' advocate on 19 February 2015, which was 203 days after the due date for service. The appellant did not seek an extension of time for service before the memorandum expired. The applicants brought an application to strike out the appeal on grounds that it was served outside the prescribed time without seeking an extension.

Issues

1. Whether the appeal was served outside the prescribed time limit.
2. Whether the failure to seek an extension of time for service renders the appeal incompetent.
3. Whether the provisions of Order 5 CPR governing service of summons apply to service of a memorandum of appeal.

Orders

• Appeal dismissed.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (10)

• Civil Procedure Rules SI 71-1 Order 49 rule 2
• Civil Procedure Rules SI 71-1 Order 52 rule 1
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules Order 43 rule 1
• Civil Procedure Rules Order 43 rule 11
• Civil Procedure Rules Order 19
• Civil Procedure Act s.2
• Civil Procedure Rules Order 5 rule 1(1)(a)
• Civil Procedure Rules Order 5 rule 1(2)
• Civil Procedure Rules Order 5 rule 1(3)

Cases cited (2)

• Kanyabwera v Tumwebaze (2005) EA 86
• Orient Bank Ltd v AVI Enterprises (High Court Civil Appeal No. 2 of 2013)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Sewanyana v Ssozi (Civil Appeal 89 of 2020)

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