Musugusi Yokonani v Mugala Paulina (Miscellaneous Application No. 0062 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court granted the applicant leave to file a memorandum of appeal out of time. The applicant had mistakenly filed a notice of appeal instead of a memorandum of appeal eight days after judgment, acting without legal representation. The court held that ignorance of procedure by an unrepresented party constitutes sufficient cause for extending time under Civil Procedure Act s.79(1), following Nicholas Roussous v Virani. The application was allowed with costs against the applicant.

Outcome

Application granted; applicant given 15 days to file memorandum of appeal; notice of appeal struck out

Facts

The applicant sued the late Highanda Noah at the Chief Magistrate's Court of Butaleja claiming ownership of land measuring approximately two and a half acres. Judgment was delivered in favour of the defendant on 11 March 2024. On 19 March 2024, the applicant, acting without legal representation, filed a notice of appeal in the High Court instead of a memorandum of appeal. On 16 April 2024, he obtained a certified copy of the record of proceedings and judgment. When he subsequently consulted a lawyer, he discovered that time to file a proper appeal had lapsed. He filed this application on 3 October 2024 seeking leave to file a competent appeal out of time.

Issues

1. Whether the applicant has provided sufficient cause to warrant extension of time within which to appeal?

Orders

• Time within which to file an appeal by the applicant is hereby extended.
• The applicant shall file his appeal within 15 days of this ruling.
• The notice of appeal on record is struck out.
• The applicant shall pay the costs of the application.

Rules and key headnotes

Legislation cited (7)

• Civil Procedure Act Cap.282 s.79(1)
• Civil Procedure Act Cap.282 s.96
• Civil Procedure Act Cap.282 s.98
• Civil Procedure Rules S.I 71-1 Order 25 Rule 1(1)
• Civil Procedure Rules S.I 71-1 Order 51 Rule 6
• Civil Procedure Rules S.I 71-1 Order 52 Rule 1
• Civil Procedure Rules S.I 71-1 Order 52 Rule 3

Cases cited (7)

• Mukwano Industries Ltd v Katushabe and Another (HCMA No. 853 of 2019)
• Shanti v Hindocha and Others [1973] EA 207
• National Enterprises Corporation v Mukisa Foods (Court of Appeal Civil Appeal No. 42 of 1977)
• Banco Arabe Espanol v Bank of Uganda [1999] 2 EA 22
• Good Africa Foundation Ltd and Another v Agricultural Business Initiative Trust (HCMA No. 1592 of 2021)
• Henry Musoke Masembe v Victory Christian Center (HCMA No. 468 of 2024)
• Nicholas Roussous v Gulam Hussein Habib Virani and Others (Supreme Court Civil Appeal No. 9 of 1993)

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