Wakilii

Mungucwiya Night v Agenoboth Elyne (Civil Appeal No. 19 of 2024)

High Court · [2026] UGHC 863 · 2026 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Chief Magistrates' Court judgment dismissed for failure to serve Memorandum of Appeal
Decision
Appeal struck out for procedural non-compliance with service requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out an appeal without notice to the appellant for failure to serve the Memorandum of Appeal on the respondent. The court held that Order 5 of the Civil Procedure Rules, requiring service within twenty-one days, applies to service of memoranda of appeal, as respondents have a constitutional right under Article 28 to knowledge of proceedings against them.

Outcome

Appeal struck out for procedural non-compliance with service requirements

Facts

The appellant appealed a judgment from the Chief Magistrates' Court of Nebbi delivered on 9 July 2024. The Memorandum of Appeal was filed on 30 July 2024 but never served on the respondent. No affidavit of service appeared on the court record, and all three sealed copies remained on the court file. The respondent had no knowledge of the appeal proceedings.

Issues

  1. Whether the appeal should be struck out for failure to serve the Memorandum of Appeal on the respondent.

Orders

  • Memorandum of Appeal struck out without notice to the Appellant.
  • Appeal dismissed.

Rules and key headnotes

Civil Procedure — Appeals — Service of Memorandum of Appeal — Requirement to Serve Respondent
A respondent has a constitutional and ordinary right to have knowledge of any proceedings against them, which means they are entitled to be served with a memorandum of appeal just as a defendant or respondent in any other type of civil proceedings would be.
Civil Procedure — Appeals — Service Requirements — Application of Order 5
The provisions of Order 5 of the Civil Procedure Rules with respect to service of summons apply to service of a memorandum of appeal against the respondent, requiring service within twenty-one days from the date of issue.
Civil Procedure — Appeals — Strike Out for Non-Service — Power of Court
Where a memorandum of appeal has not been served on the respondent as required by law, the court has power under section 98 of the Civil Procedure Act, Order 49 rule 2 and Order 5 rule 1(3)(a)(b) to strike out the appeal without notice to the appellant.

Legislation cited (7)

Cases cited (1)

  • Lubega Smith and Others v Walonze Malaki (HCMA No. 36 of 2016)

Full judgment

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

Mungucwiya Night v Agenoboth Elyne (Civil Appeal No. 19 of 2024) [2026] UGHC 863 (29 July 2026)
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.