Mugerwa Peter v Muwanga Fred (Miscellaneous Application No.149 of 2020)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court refused to validate a notice of appeal filed in 2019 because the applicant's original advocates had already filed a valid notice of appeal in time on 18 June 2018, making the later notice unnecessary. On the request to file the appeal out of time, the court held that an appeal is commenced by filing a memorandum of appeal within 60 days of judgment (with allowance for record preparation), and that the discretionary power to extend time under Rule 5 may be exercised only for sufficient reason stemming from justifiable circumstances. The applicant, whose firm held the certified record from 14 November 2019, failed to advance sufficient reason for the delay. The application was dismissed and the related appeal struck out, with costs to the respondent.

Outcome

Application for enlargement of time dismissed; the related appeal dismissed for being filed out of time

Facts

The respondent had obtained judgment in his favour in a High Court appeal on 8 June 2018. The applicant's then advocates, M/S Luzige, Lubega, Kavuma & Co., filed a letter applying for the record of proceedings and a notice of appeal on 18 June 2018, within time and served on the respondent. The applicant later engaged M/S ABNO Advocates in November 2018, who, believing no notice had been filed, filed a further notice of appeal on 21 November 2019. The record of proceedings was supplied to ABNO Advocates on 16 September 2019 and certified by them as correct on 14 November 2019. That firm filed the memorandum of appeal only on 28 July 2020, long after the record was supplied and certified, and after the period for filing had expired. The applicant attributed the delay to the mistake of counsel and to the Covid-19 pandemic and resultant court closures, though the filing deadline had passed before the pandemic reached Uganda in March 2020.

Issues

1. Whether a notice of appeal filed out of time should be validated where a valid notice of appeal had already been filed within time.
2. Whether the applicant advanced sufficient reason to justify an enlargement of time to file the appeal out of time.

Orders

• The application for enlargement of time and validation of the appeal is dismissed.
• Civil Appeal No.109 of 2020 is dismissed for having been filed out of time.
• The respondent is awarded the costs of the application and the appeal.

Rules and key headnotes

Legislation cited (7)

• Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.2(2)
• Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.5
• Judicature Act s.33
• Civil Procedure Act s.98
• Civil Procedure Rules S.I. 71-1 Order 52
• Civil Procedure Act s.79(1)
• Civil Procedure Act s.79(2)

Cases cited (1)

• Mugo and Others v Wanjiru and Another (1970) EA 482

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