Wakilii

Matanda and 2 others v Nabutsale (Civil Appeal 20 of 2023)

High Court · [2024] UGHC 603 · 2024 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from Chief Magistrate's Court judgment, with preliminary objection raised by respondent on non-service of certified record of proceedings and judgment
Decision
Preliminary objection dismissed; matter to proceed to hearing on merit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that under the Civil Procedure Rules applicable to the High Court, service of certified copies of the record of proceedings and judgment on the respondent is not mandatory but prudent practice. The Civil Procedure Rules do not expressly provide for service of appeal processes from Magistrates Court to High Court, unlike Court of Appeal Rules. The preliminary objection based on non-service was dismissed.

Outcome

Preliminary objection dismissed; matter to proceed to hearing on merit

Facts

The appellants appealed against a Chief Magistrate's Court judgment delivered on 6 February 2023 arising from Civil Suit No. 28 of 2020. The memorandum of appeal was served on the respondent's counsel on 21 March 2023. When the appeal came for hearing on 21 February 2024, respondent's counsel raised a preliminary objection that the appellants had failed to serve certified copies of the record of proceedings and judgment on the respondent, contrary to constitutional provisions and procedural rules. Counsel for the respondent submitted that this failure rendered the appeal incompetent and it should be struck out. The appellants' counsel countered that the Civil Procedure Rules do not require such service in High Court appeals, distinguishing the matter from Court of Appeal practice where rules expressly mandate service.

Issues

  1. Whether an appellant in the High Court is duty-bound to effect service of the certified record of proceedings and judgment on the respondent.
  2. Whether failure to serve the record of proceedings and judgment on the respondent renders an appeal incompetent and liable to be struck out.

Orders

  • Preliminary objection dismissed.
  • Appeal to be heard on its merit.
  • Costs to be in the cause.

Rules and key headnotes

Civil Procedure — Appeals — Service Requirements — High Court Appeals from Magistrates Court
The Civil Procedure Rules applicable to the High Court do not expressly and specifically provide for service of the record of proceedings and judgment on the opposite party in appeals from the Magistrates Court to the High Court, and failure to effect such service is therefore not fatal to an appeal.
Civil Procedure — Appeals — Service of Record of Proceedings — Prudent Practice vs Mandatory Requirement
Service of certified copies of the record of proceedings and judgment on the respondent in High Court appeals is not a mandatory requirement but constitutes prudent practice on the part of an appellant who desires to have the appeal dealt with expeditiously.
Civil Procedure — Appeals — Obtaining Certified Copies — Duty of Parties
Under Order 43 Rule 10(3) of the Civil Procedure Rules, either party desirous of obtaining copies of the judgment and record of proceedings may apply to the court from which the appeal is preferred, and such copies shall be made at the expense of the applicant upon payment of requisite fees.
Civil Procedure — Appeals — Distinction Between Court of Appeal Rules and Civil Procedure Rules
Authorities relating to service requirements for the Court of Appeal and Supreme Court, which have specific rules mandating service of record of proceedings, cannot be applied to High Court appeals governed by the Civil Procedure Rules which contain no equivalent express provision.

Legislation cited (10)

Cases cited (6)

  • Emma Ssemakula (Ssekabira) v Sarah Mugerwa and Another (High Court Civil Appeal No. 218 of 2018)
  • National Housing and Construction Co. Limited v Solome TB Kyomukama (Court of Appeal Civil Appeal No. 133 of 2009)
  • James Bahinguza and 622 Others v Attorney General (Court of Appeal Miscellaneous Application No. 269 of 2013)
  • Vallery Alia v Alionzi John (High Court Civil Suit No. 157 of 2010)
  • Katsigazi v Musanyusa (Miscellaneous Application No. 24 of 2021)
  • Sekyali James v Charles Godfrey Kyakwambala (High Court Civil Appeal No. 7 of 2024)

Full judgment

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

Matanda and 2 others v Nabutsale (Civil Appeal 20 of 2023) [2024] UGHC 603 (30 May 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.