Nyandusi v Oyuko (Civil Application Number 0032 of 2018)

Observed later treatment

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 applicant sought an extension of time to file a notice of appeal against a High Court ruling, the delay arising because his former counsel failed to inform him that judgment had been delivered. The single Justice held that under Rule 5 of the Court of Appeal Rules the court has discretion to extend time where sufficient reason is shown, and that a mistake or negligence of an applicant's counsel may constitute sufficient reason, provided the applicant was not himself guilty of dilatory conduct. Finding the delay attributable to the fault of former counsel rather than the applicant, the court granted the extension, ordering the notice of appeal to be filed within seven days.

Outcome

Extension of time granted; notice of appeal to be filed within 7 days

Facts

The applicant was granted letters of administration by the Chief Magistrate's Court of Tororo. The respondent, dissatisfied, sought to have the letters revoked; the Chief Magistrate's Court dismissed that suit. The respondent appealed to the High Court at Mbale (Civil Appeal No. 104 of 2013), which on 8 February 2017 reversed the Chief Magistrate's Court decision in the respondent's favour. The applicant had instructed Mr. Majanga Obel to represent him in the appeal, and counsel undertook to inform him when judgment would be delivered but failed to do so. The applicant only learnt of the judgment on 29 August 2017, after the respondent began alienating parts of the estate and claiming court authority. His wife confirmed the judgment at the Mbale High Court registry on that date. The applicant filed this application on 29 January 2018, about eleven months after judgment, seeking an extension of time to file a notice of appeal.

Issues

1. Whether the applicant showed sufficient reason to justify an extension of time within which to file a notice of appeal.

Orders

• Extension of time to file an appeal is granted.
• The Notice of Appeal is to be filed within 7 days from the date of the ruling.

Rules and key headnotes

Legislation cited (5)

• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 2(2)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 5
• Judicature Act Cap 13 s.33
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 Rules 1, 2 and 3

Cases cited (4)

• Rwabinumi v Bahimbisomwe (Civil Application No. 14 of 2009)
• Rosette Kizito v Administrator General (Civil Application No. 9 of 1986)
• Sabiiti Kachope v Kamuje (Civil Application No. 31 of 1997)
• Kyamulesiire v Bagambe (Civil Appeal No. 20 of 1995)

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Grace Sissy Nague Nakasujja v Nsubuga Drake Musoke and Another (MISCELLANEOUS APPLICATION NO. 217 OF 2026) followed

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