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Muhwezi v Total Marketing Uganda Limited (Miscellaneous Application 256 of 2024)

High Court · [2025] UGHC 70 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to serve notice of motion in Civil Appeal No. 104 of 2024, arising from a temporary injunction order granted by the Deputy Registrar
Decision
Application for enlargement of time dismissed with costs to the Respondent

Observed later treatment

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Holding

The court dismissed the application for enlargement of time to serve a notice of motion in Civil Appeal No. 104 of 2024. The Applicant filed the appeal beyond the seven-day statutory period and failed to serve the notice of motion within a reasonable time. The court held that two months without service, with an unconvincing explanation regarding court file tracing, demonstrated dilatory conduct and insufficient cause for the requested extension.

Outcome

Application for enlargement of time dismissed with costs to the Respondent

Facts

The Respondent filed Civil Suit No. 41 of 2023 concerning ownership of Plot 43 Republic Street, Mbale City, and obtained a temporary injunction from the Deputy Registrar on 8 September 2024 via Miscellaneous Application No. 211 of 2023. The Applicant filed an appeal by notice of motion against this order on 18 September 2024 under Civil Appeal No. 104 of 2024. The notice of motion was signed and sealed by court on 19 August 2024 (though this appears to be an error in the judgment). By 7 November 2024, when the Applicant filed the present application for enlargement of time, the notice of motion had not been served on the Respondent. The Applicant attributed the delay to inability to trace the court file between 19 September 2024 and 20 October 2024.

Issues

  1. Whether the attorney has lawful authority to bring this action.
  2. Whether there are sufficient grounds for the enlargement of time for the Applicant to serve the Respondent with the notice of motion in Civil Appeal No. 104 of 2024.
  3. Whether there are grounds for stay of proceedings in MA No. 211 of 2023.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Appeals — Time Limits — Service of Notice of Motion — Reasonable Time
Where the law is silent on the timeline for service of a notice of motion, the notice must be served within a reasonable time. For purposes of fairness, reasonable time should not exceed 30 days from the date when the act of serving the motion ought to have been done, otherwise it constitutes dilatory conduct.
Enlargement of Time — Sufficient Cause — Exercise of Discretion
An application for enlargement of time to serve a notice of motion will be refused where the applicant has failed to provide a satisfactory explanation for the delay. A claim that a court file could not be traced for approximately two months does not constitute sufficient cause where the applicant also filed the underlying appeal beyond the statutory seven-day period.
Appeals from Registrar — Time for Filing
Under Section 79(1)(b) of the Civil Procedure Act Cap. 282, every appeal from the order of a registrar shall be entered within seven days from the date of the order, except as otherwise specifically provided in any other law.

Legislation cited (7)

Cases cited (3)

  • Bugishu Muslim District Council v Musa Kalokola & 2 Others (Miscellaneous Application No. 105 of 2024)
  • Joseph Severance v. Benny Mathew (2005(7) SCC)
  • Chhedi Lal Yadav vs Hari Kishore Yadav [(2018) 5 SCC 427: AIR 2017 SC Supp 435]

Full judgment

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

Muhwezi v Total Marketing Uganda Limited (Miscellaneous Application 256 of 2024) [2025] UGHC 70 (25 February 2025)
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.