Wakilii

Muddumba v Kuluse (Miscellaneous Application 5 of 2000)

Supreme Court · [2002] UGSC 25 · 2002 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion for extension of time to file an appeal out of time
Decision
Extension of time granted; applicant permitted to file his intended appeal out of time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant, a lay person, sought extension of time to lodge a third appeal after his original appeal was struck out as incompetent for want of a certificate of leave to appeal. The single Justice noted grave irregularities: a supporting affidavit filed and sworn nearly 18 months late contrary to Rule 42, conflicting hearing dates on the court and registry copies, and the mandatory Court of Appeal judgment not annexed under Rule 42(4). Nonetheless, holding that the court registry was partly to blame for the delay, that the unopposed application was proper in principle, and excusing the applicant's deficiencies as a layman, the court granted the extension of time to appeal.

Outcome

Extension of time granted; applicant permitted to file his intended appeal out of time

Facts

The dispute between the parties is a land dispute originating in the 1950s. In 1987 the applicant sued in the Nawanyago Magistrate Grade II Court and lost on 18 November 1988. The Jinja Chief Magistrate allowed his appeal on 16 February 1990 and ordered a retrial before a Magistrate Grade I, who dismissed the suit on 30 August 1991. The applicant's further appeals to the High Court and then, with leave, to the Court of Appeal failed, the latter dismissing his appeal on 9 April 1999. The applicant then filed Civil Appeal No. 10 of 1999 to the Supreme Court in ignorance of procedural requirements; it was struck out on 20 January 2000 as incompetent because no certificate of leave to appeal had been granted by the Court of Appeal. He obtained that certificate on 30 July 2001 but did not lodge his appeal within the prescribed time, prompting this application for extension of time, which was unopposed.

Issues

  1. Whether the applicant should be granted leave to file his intended appeal out of time despite the irregularities in his application.

Orders

  • Application for extension of time granted.
  • Applicant granted leave to file his intended appeal out of time.
  • Costs to abide the result of the intended appeal.

Rules and key headnotes

Appeals — Extension of Time — Delay Attributable to Court Registry
Where part of the delay in lodging an appeal is attributable to the court registry and the application for extension of time is unopposed, the court may, in the exercise of its discretion, grant the extension notwithstanding deficiencies in the application.
Applications — Supporting Affidavit — Rule 42
A formal application by notice of motion must be accompanied by one or more supporting affidavits under Rule 42, and the mandatory documents, including the judgment appealed against under Rule 42(4), must be annexed; however, a lay applicant may be excused for deficiencies in compliance.
Appeals — Certificate or Leave — Rule 39(1)
Under Rule 39(1), an application for a certificate or for leave to appeal may be made either before or after the notice of appeal is lodged, so that an existing notice of appeal may suffice and the appeal may be lodged once the certificate to appeal is granted.

Legislation cited (7)

  • Rules of the Supreme Court r.4
  • Rules of the Supreme Court r.12
  • Rules of the Supreme Court r.39(1)
  • Rules of the Supreme Court r.42
  • Rules of the Supreme Court r.42(2)
  • Rules of the Supreme Court r.42(4)
  • Rules of the Supreme Court r.71(4)

Full judgment

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

Muddumba v Kuluse (Miscellaneous Application 5 of 2000) [2002] UGSC 25 (22 May 2002)
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.