Wakilii

Mcdonald v Berkley (Civil Appeal No. 33 of 1939)

East African Court of Appeal · [1940] EACA 33 · 1940 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of Resident Magistrate granting leave to appeal out of time from District Board order
Decision
Decision of Resident Magistrate granting leave to appeal out of time set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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

A subordinate court of the first class has no power to enlarge the time for entering an appeal from a district board order under section 17 of the Public Travel and Access Roads Ordinance. The thirty-day time limit in section 17(2) is mandatory. Part VII of the Civil Procedure Code does not apply to appeals under Chapter 113. Magistrates have no inherent power to extend appeal time limits.

Outcome

Decision of Resident Magistrate granting leave to appeal out of time set aside

Facts

The respondent sought to appeal from an order made by a District Board under section 17 of the Public Travel and Access Roads Ordinance (Chapter 113). The appeal was out of time, having been filed beyond the thirty-day period prescribed by section 17(2). The Resident Magistrate granted leave to appeal out of time. The appellant challenged this decision, arguing that the magistrate had no power to extend the statutory time limit.

Issues

  1. Whether a subordinate court of the first class has power to enlarge the time for entering an appeal from an order of a district board under section 17 of the Public Travel and Access Roads Ordinance.
  2. Whether the word 'shall' in section 17(2) is mandatory.
  3. Whether Part VII of the Civil Procedure Code applies to appeals under Chapter 113.
  4. Whether a magistrate has inherent power to enlarge time for entering an appeal.

Orders

  • Appeal allowed.
  • Costs awarded to the appellant.

Rules and key headnotes

Administrative Law — Appeals from District Boards — Time Limits — Statutory Interpretation
Where a statute prescribes a mandatory time limit for appeals using the word 'shall', a subordinate court has no power to enlarge that time limit unless the statute expressly confers such power.
Statutory Interpretation — Mandatory Language — Word 'Shall'
The word 'shall' in section 17(2) of the Public Travel and Access Roads Ordinance, requiring appeals to be entered within thirty days, is mandatory and not directory.
Civil Procedure — Appeals — Application of Civil Procedure Code — Special or Local Law
Part VII of the Civil Procedure Code, which includes provisions for extending time for appeals, does not apply to appeals under special legislation such as the Public Travel and Access Roads Ordinance where a different procedure is prescribed.
Civil Procedure — Inherent Powers — Extension of Time for Appeals
Magistrates have no inherent power to enlarge time for entering an appeal where statute prescribes a specific time limit. The existence of section 65(2) of the Civil Procedure Code demonstrates that such power must be expressly conferred.

Legislation cited (7)

  • Public Travel and Access Roads Ordinance (Chapter 113) s.17
  • Public Travel and Access Roads Ordinance (Chapter 113) s.17(1)
  • Public Travel and Access Roads Ordinance (Chapter 113) s.17(2)
  • Civil Procedure Code s.79
  • Civil Procedure Code s.65(2)
  • Civil Procedure Code s.75
  • Civil Procedure Code Order 47 rule 5

Full judgment

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

Mcdonald v Berkley (Civil Appeal No. 33 of 1939) [1940] EACA 33 (1 January 1940)
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.