Wakilii

Musinguzi and Others v Rweru and Another (Miscellaneous Application 3 of 2024)

High Court · [2024] UGHC 710 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time against judgment of Chief Magistrate's Court
Decision
Application for leave to appeal out of time dismissed with costs to the respondents

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to appeal out of time dismissed where applicants falsely claimed they were not served with notice of judgment and were unaware of its delivery. Court found that applicants had been duly served through their lawyers and the third applicant was present in court when judgment was delivered and expressed intention to appeal. The false averments constituted an abuse of court process and the applicants failed to establish sufficient cause or were guilty of dilatory conduct in waiting six months before filing the application.

Outcome

Application for leave to appeal out of time dismissed with costs to the respondents

Facts

The respondents obtained judgment against the applicants in Civil Suit No. 11 of 2020 before the Chief Magistrate's Court of Kyenjojo on 30 June 2023, which declared the suit land belonged to the respondents and awarded them damages, mesne profits, and a permanent injunction. The applicants sought leave to appeal out of time, claiming they were not served with notice of judgment and were unaware of its delivery. However, evidence showed that the applicants' lawyers were served with notice of judgment on 16 May 2023 for delivery on 30 June 2023, and the third applicant was present in court when judgment was delivered and expressed her wish to appeal. The application was filed on 11 January 2024, six months after judgment was delivered.

Issues

  1. Whether the application raises sufficient grounds for this court to grant leave to the applicants to file an appeal against the judgement in Civil Suit No. 11 of 2020 out of time.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Appeals — Extension of Time — Sufficient Cause
An applicant seeking extension of time to file an appeal must establish sufficient cause relating to the inability or failure to take necessary steps within the prescribed time, and must show that delay was not caused or contributed to by dilatory conduct on the applicant's part.
Civil Procedure — Abuse of Process — False Averments
Where an applicant makes false averments to mislead the court in seeking an order, this constitutes an abuse of court process which offends the conscience of both the court and the public, and the application should be dismissed.
Civil Procedure — Service — Notice of Judgment — Service on Lawyers
Where a party is represented by advocates, service of notice of judgment on the advocates constitutes proper service on the party, and the party cannot later claim ignorance of the judgment.

Legislation cited (5)

Cases cited (8)

  • Aloysious Senkubuge v Samuel Kasajja (Miscellaneous Application No. 25 of 2022)
  • Njagi v Munyiri [1975] EA 179
  • Hadondi Daniel v Yolam Egondi (Court of Appeal Civil Appeal No. 67 of 2003)
  • Muzamil Ayile Vs Rose Tarapke & 6 Others
  • Shanti v Hindocha [1973] EA 207
  • Parambot Breweries (U) Ltd (In receivership) v Standard Chartered Bank & Another (High Court Miscellaneous Application No. 380 of 2021)
  • The Registered Trustees of the Archdiocese of Dares Salaam Vs. The Chairman Bunju Village Government & others Civil Appeal No. 147 of 2006
  • Abel Balemesa Vs. Yesero Mugenyi

Full judgment

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

Musinguzi and Others v Rweru and Another (Miscellaneous Application 3 of 2024) [2024] UGHC 710 (12 July 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.