Wakilii

Nambafu v Namarome (HCT-04-CV-MA-174-2008)

High Court · [2010] UGHC 29 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file memorandum of appeal out of time following the striking out of an earlier appeal
Decision
Extension of time granted; applicant given 10 days to file appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court allowed an application for extension of time to file a memorandum of appeal out of time. The court found that the applicant's affidavit evidence had not been rebutted and that issues raised, including contentions about an incomplete lower court record, could best be handled when an appeal is filed. The court exercised its discretion to enlarge time, ordering the applicant to file the appeal within 10 days and bear costs of the application.

Outcome

Extension of time granted; applicant given 10 days to file appeal

Facts

An earlier appeal (Appeal No. 66 of 2007) between the same parties was struck out because the memorandum of appeal was filed out of time without court leave, contrary to section 79 of the Civil Procedure Act and Order 43 rule 1(1) of the Civil Procedure Rules. The applicant then filed applications for stay of execution and for leave to appeal out of time through advocates. The respondent did not file an affidavit in rebuttal. In opposing the application, the respondent argued it was brought in bad faith since the earlier appeal had been dismissed, but provided no substantive response on affidavit.

Issues

  1. Whether the court should grant an extension of time to file a memorandum of appeal out of time.

Orders

  • Application allowed.
  • Applicant shall file the appeal within 10 days from the date of this order.
  • Costs of this application shall be borne by the applicant.

Rules and key headnotes

Civil Procedure — Extension of Time — Court's Discretion to Enlarge Time
The court has power to enlarge time where a limited time has been fixed for doing any act or taking any proceedings on such terms as the justice of the case may require, provided costs of an application to extend time and of any order made on the application shall be borne by the party making the application unless court shall otherwise order.
Civil Procedure — Extension of Time — Failure to Rebut Affidavit Evidence
Where an applicant's affidavit evidence in support of an application for extension of time is not rebutted by the respondent, the court may properly rely on that evidence in exercising its discretion to grant the extension.

Legislation cited (6)

Full judgment

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Nambafu v Namarome (HCT-04-CV-MA-174-2008) [2010] UGHC 29 (11 March 2010)
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.