Wakilii

Major Bogere v Buwule (Misc. Application No. 7720 of 1997)

High Court · [1998] UGHC 39 · 1998 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file notice of appeal
Decision
Application for extension of time dismissed

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The court dismissed the application for extension of time to file a notice of appeal. Although the applicant was not served with notice of judgment day, the applicant failed to demonstrate adequate reason or the justice of their case as required under Order 47 Rule 6. The applicant abandoned the ground concerning chances of success and did not provide substantive evidence to enable the court to evaluate the merits.

Outcome

Application for extension of time dismissed

Facts

The applicant sought an order extending time to file a notice of appeal. The main ground was that neither the applicant nor his advocate was served with notice to attend judgment day and therefore did not know when to appeal. The applicant also initially claimed the proposed appeal had high chances of success. The application was supported by an affidavit from Moses Ojokor, a member of the applicant's law firm. At the hearing, counsel for the applicant abandoned the ground concerning chances of success, conceding that this had not been properly deponed to in the affidavit. The respondent argued the application was futile given the abandoned ground and noted the affidavit was sworn by an advocate rather than the applicant.

Issues

  1. Whether the court should exercise its discretion to extend time for filing a notice of appeal where the applicant was not served with notice of judgment day.
  2. Whether the applicant demonstrated adequate reason and justice of the case to warrant extension of time under Order 47 Rule 6 of the Civil Procedure Rules.

Orders

  • Application dismissed with costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Discretionary Power — Requirement to Show Adequate Reason
An application for extension of time to file a notice of appeal is subject to Order 47 Rule 6 of the Civil Procedure Rules and is discretionary, but the court must consider the justice of the case and the applicant must show adequate reason for the court to exercise its discretion.
Civil Procedure — Extension of Time — Supporting Evidence — Grounds for Appeal
Where an applicant seeking extension of time abandons the ground concerning chances of success of the appeal and provides no substantive evidence to enable the court to evaluate the merits, the court cannot appreciate the justice of the case and will dismiss the application.
Civil Procedure — Notice of Judgment — Order 18 Rule 1 — Mandatory Requirement
Order 18 Rule 1 of the Civil Procedure Rules is mandatory and directs courts to issue notices to parties or their advocates for receiving judgments. Where an affidavit states that no such notice was served and this is not controverted by the respondent, its contents are admitted.

Legislation cited (2)

Cases cited (2)

  • SHELTONS OKOBO VS STANDARD BANK
  • TRANSPORT COMR. V. ATTORNEY GENERAL [1989] EA 329 at page 333

Full judgment

↓ Download PDF

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

Major Bogere v Buwule (Misc. Application No. 7720 of 1997) [1998] UGHC 39 (28 July 1998)
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.