Wakilii

Nsambwa v Basudde & 2 Others (Civil Application 1 of 2021)

Supreme Court · [2021] UGSC 43 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application before a single Justice of the Supreme Court for extension of time to file a notice of appeal, memorandum of appeal and record of appeal against a Court of Appeal judgment
Decision
Application for extension of time dismissed with costs

Observed later treatment

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Holding

On an application for extension of time to appeal a Court of Appeal judgment, the single Justice held that the applicant bore the burden under Rule 5 of the Supreme Court Rules to prove sufficient reason. The applicant claimed he was unaware of the judgment because he was seriously ill and unrepresented at its delivery, but the respondents' uncontroverted affidavit evidence and the certified court record showed that both the applicant and his lawyer attended the delivery on 1 November 2018. The medical records appeared fabricated, the applicant showed no prejudice, and the application was brought in bad faith. Sufficient reason was not established and the application was dismissed with costs.

Outcome

Application for extension of time dismissed with costs

Facts

The Court of Appeal delivered judgment in Civil Appeal No. 288 of 2016 on 1 November 2018, in proceedings between the applicant and the respondents (administrators of the estate of the late Sepiriya Rosiko) concerning letters of administration the applicant had obtained. The applicant sought an extension of time to appeal to the Supreme Court, asserting that neither he nor his then advocate had been notified of the judgment, that he was seriously ill from a 2018 motor accident, and that he only learnt of the decision in November 2020. He alleged the respondents had forged the letters of administration. The respondents filed affidavits in reply, supported by the certified Court of Appeal record of proceedings and a registrar's notes, showing that the applicant and his advocate, Mr. David Mushabe, attended the delivery of judgment on 1 November 2018. They contended the medical records were fabricated and that the application was financially motivated and brought in bad faith.

Issues

  1. Whether the applicant established sufficient reason under Rule 5 of the Judicature (Supreme Court Rules) Directions to justify an extension of time to file his appeal.
  2. Whether any injustice would be caused to the applicant if the application for extension of time were not granted.

Orders

  • Application dismissed.
  • Costs of the application awarded to the respondents.

Rules and key headnotes

Civil Procedure — Extension of Time to Appeal — Sufficient Reason — Burden of Proof
An applicant seeking an extension of time to appeal under Rule 5 of the Judicature (Supreme Court Rules) Directions bears the burden of proving sufficient reason for the failure to act within the prescribed time.
Civil Procedure — Extension of Time to Appeal — Prejudice — Duty to Demonstrate
An applicant for an extension of time must demonstrate how he would be prejudiced if the application were refused; a bare claim of an interest in the subject matter does not discharge that duty.
Evidence — Affidavits — Falsehoods and Fabricated Annextures — Effect on the Application
Where the material averments in an applicant's affidavit are shown to be falsehoods and the supporting documents appear fabricated, the foundation of the application is perforated and it cannot stand even if the offending averments were severed.

Legislation cited (4)

  • Judicature (Supreme Court Rules) Directions SI.13-11 r.5
  • Judicature (Supreme Court Rules) Directions SI.13-11 r.2(1) and (2)
  • Judicature (Supreme Court Rules) Directions SI.13-11 r.42(1) and (2)
  • Judicature (Supreme Court Rules) Directions SI.13-11 r.43(1)

Cases cited (3)

  • Molly Kyalikunda Turinawe & 4 Others v Eng. Ephraim Turinawe & Another (Civil Application No. 27 of 2010)
  • Joel Kato & Another v Nuulu Nalwoga (Application No. 4 of 2012)
  • Mbale Growers Tea Factory Ltd v Noorali Mohamed (Civil Application No. 4 of 2015)

Full judgment

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

Nsambwa v Basudde & 2 Others (Civil Application 1 of 2021) [2021] UGSC 43 (29 April 2021)
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.