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Makumbi Banalya Yawe v Mawejje Yawe [2024] UGHC 1215

High Court · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal against ruling of High Court in Misc. Cause No. 15 of 2022
Decision
Application for leave to appeal dismissed as time-barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application for leave to appeal against a High Court ruling must be filed within 14 days of the decision under Rule 40(1)(a) of the Judicature (Court of Appeal Rules) Directions. The application filed 33 days after the ruling was time-barred and dismissed.

Outcome

Application for leave to appeal dismissed as time-barred

Facts

The Applicant sought leave to appeal against a ruling delivered on 1 December 2022 in Misc. Cause No. 15 of 2022. The ruling had concerned the Applicant's attempt to notify a caveator of his legal burden using a notice of motion instead of ordinary suit. The Applicant was dissatisfied with the court's finding that he had used the wrong procedure and had been condemned to costs. The Respondent raised a preliminary objection that the application for leave was filed out of time, having been filed on 23 January 2023, 33 days after the ruling rather than within the 14 days prescribed by law. The Applicant argued the application was filed within reasonable time and disputed the application of the 14-day rule.

Issues

  1. Whether the application for leave to appeal was filed within the prescribed time limit.
  2. Whether the Court of Appeal Rules timelines apply to applications for leave to appeal filed in the High Court.

Orders

  • Preliminary objection sustained.
  • Application dismissed.
  • No orders as to costs.
  • Each party to bear their own costs.

Rules and key headnotes

Civil Procedure — Appeals — Leave to Appeal — Time Limits — Application of Court of Appeal Rules
An application for leave to appeal against a decision of the High Court must be filed within 14 days of the decision under Rule 40(1)(a) of the Judicature (Court of Appeal Rules) Directions S.I 13-10 of 2000, failing informal application at the time judgment is delivered.
Civil Procedure — Time Limits — Computation of Time — Exclusion of Non-Working Days
Time for filing applications is computed by excluding Sundays, public holidays, and days when court offices are closed under Order 51 rule 2 of the Civil Procedure Rules.
Civil Procedure — Time-Barred Applications — Proper Procedure — Extension of Time
Where an application for leave to appeal cannot be filed within the prescribed 14 days, the applicant should first file an application for extension of time or an omnibus application combining both extension of time and leave to appeal.

Legislation cited (9)

Cases cited (2)

  • In the Matter of Ranch On the Lake Limited (In Receivership) (Miscellaneous Application No. 0537 of 2005)
  • Sbeity & Anor v Akello (Miscellaneous Application No. 249 of 2018)

Full judgment

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

Makumbi Banalya Yawe v Mawejje Yawe 2024 UGHC 1215 (23 January 2024)
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.