Wakilii

Mukasa & 2 Others v Nakyaze & 24 Others (Miscellaneous Application 1979 of 2024)

High Court · [2024] UGHCLD 238 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to appeal from Registrar's decision and to set aside abatement order in Civil Suit No. 93 of 2024
Decision
Application dismissed for failure to demonstrate good cause for filing appeal out of statutory time limit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an omnibus application combining an application for extension of time to appeal and the appeal itself is permissible where the court has jurisdiction over both reliefs and no injustice is occasioned. However, an applicant seeking extension of time to appeal a Registrar's decision under Section 79(1)(b) of the Civil Procedure Act must demonstrate good cause. Where the applicant failed to provide a credible explanation for the delay in filing the appeal beyond the mandatory seven-day period, the court dismissed the application. Statutory time limits are not mere technicalities and must be strictly complied with.

Outcome

Application dismissed for failure to demonstrate good cause for filing appeal out of statutory time limit

Facts

The applicants filed Civil Suit No. 93 of 2024 on 20 January 2024. Only the 3rd defendant filed a written statement of defence on 22 February 2024. The applicants claim to have filed summons for directions on 21 March 2024. The Registrar issued an abatement order on 9 May 2024. The applicants filed this application on 23 July 2024 seeking extension of time to appeal the Registrar's decision and to set aside the abatement order. The respondents contended that summons for directions were not filed within the mandatory 28-day period and that the ECCMIS system showed no record of such filing. The 3rd respondent raised preliminary objections including that the application was omnibus in nature and that the Notice of Motion was served out of time.

Issues

  1. Whether the appeal is properly brought before this court?
  2. Whether there are any grounds for setting aside the abatement order by the Registrar?

Orders

  • The objection to the omnibus application fails and cannot be sustained.
  • No sufficient cause has been demonstrated for the delayed filing of the appeal.
  • The appeal is filed out of time and stands dismissed.
  • No costs of the application awarded.

Rules and key headnotes

Civil Procedure — Omnibus Applications — Permissibility
An omnibus application may be brought where applications are of the same nature, have the effect of avoiding a multiplicity of suits, one is a consequence of the other, or where no injustice would be occasioned by handling both applications as one, provided the court has jurisdiction to grant both reliefs.
Civil Procedure — Appeals from Registrar — Time Limits — Section 79(1)(b) Civil Procedure Act
Under Section 79(1)(b) of the Civil Procedure Act, an appeal from a Registrar's order must be entered within seven days of the date of the order. The appellate court may for good cause admit an appeal though the period of limitation has elapsed, but the time limits set by statute are not mere technicalities and must be strictly complied with.
Civil Procedure — Extension of Time to Appeal — Good Cause — Burden of Proof
An application for extension of time within which to file an appeal must show good cause before court can exercise its discretion in the applicant's favour. Where the applicant fails to provide a specific date on which they became aware of the order complained of and offers only speculative explanations for the delay, no sufficient cause is demonstrated and the appeal will be dismissed as filed out of time.

Legislation cited (12)

Cases cited (8)

  • Denis Ahairwe v Standard Chartered Bank (U) Limited (Miscellaneous Application No. 1851 of 2023)
  • Dr Sheikh Ahmed Kisule v Greenland Bank Limited (Miscellaneous Application No. 2 of 2012)
  • Aloysius Sekungu v Samuel Kasajja (Miscellaneous Application No. 25 of 2022)
  • Ojara Otto Julius v Okwera Benson (Miscellaneous Application No. 25 of 2022)
  • Kapiri v International Investment Limited and 5 Others (Miscellaneous Application No. 160 of 2014)
  • Ahairwe v Standard Chartered Bank (U) Limited (Miscellaneous Application No. 1851 of 2023)
  • Kasirye Byaruhanga & Co Advocates v Uganda Development Bank (Supreme Court Civil Appeal No. 2 of 1997)
  • Mohammad Majyambere v Bakhresa Khalil (Miscellaneous Application No. 727 of 2011)

Full judgment

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

Mukasa_&_2_Others_v_Nakyaze_&_24_Others_(Miscellaneous_Application_1979_of_2024)_[2024]_UGHCLD_238_(8_October_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.