New Uganda Securiko Limited v Bakwanye Trading Co. Limited (Miscellaneous Application 72 of 2023)

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 has no jurisdiction to entertain applications for extension of time to file appeals to the Court of Appeal. Rule 5 of the Judicature (Court of Appeal Rules) Directions vests the power to extend time for appeals in the Court of Appeal itself. For the High Court to exercise such power would violate both section 72(1) of the Civil Procedure Act and the Court of Appeal Rules. Application dismissed for lack of jurisdiction.

Outcome

Application dismissed for lack of jurisdiction

Facts

The applicant sought leave to lodge an appeal out of time to the Court of Appeal against a High Court judgment in Civil Appeal No. 002 of 2016 dated 17 May 2022. The applicant's Managing Director deposed that the delay was caused by the abrupt departure without notice of counsel Enock Bwesigye who had personal conduct of the matter. The respondent opposed the application on grounds that the High Court lacked jurisdiction to grant the extension of time, arguing that Rule 5 of the Judicature (Court of Appeal Rules) Directions vests this power exclusively in the Court of Appeal. The respondent also noted that the affidavit in support was defective, as the draft memorandum of appeal referred to a different judgment.

Issues

1. Whether the High Court has jurisdiction to entertain an application for extension of time to file an appeal to the Court of Appeal against the High Court's own appellate decision.

Orders

• Application dismissed for lack of jurisdiction.
• Costs awarded to the Respondent.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act s.72(1)
• Judicature Act
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.3
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.5
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.76
• Judicature (Court of Appeal Rules) Directions SI 13-10 r.78

Cases cited (2)

• Namakula v Mabirizi Mohammed and 2 Others (Miscellaneous Application No. 81 of 2020)
• In the Matter of Ranch on the Lake Ltd (In Receivership) (Miscellaneous Application No. 0537 of 2005)

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