Wakilii

Nyuma Faustine and Others v Tondi Joseph (Civil Appeal 33 of 2021)

High Court · [2026] UGHC 752 · 2026 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Chief Magistrate's Court judgment dismissed for being filed out of time
Decision
Appeal dismissed as incompetent for being filed out of time without leave

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An appeal filed out of time without prior leave of court to extend the time for appeal is incompetent and must be dismissed. Section 79 of the Civil Procedure Act requires appeals to be filed within thirty days of the decree or order. The right to appeal is statutory and compliance with prescribed conditions is mandatory. The appeal, filed thirteen days late without leave, was dismissed with each party bearing own costs.

Outcome

Appeal dismissed as incompetent for being filed out of time without leave

Facts

The appellants appealed the decision of Chief Magistrate Nantaawo Agnes Shelagh delivered on 7 June 2021. The appeal was filed on 19 July 2021. Section 79 of the Civil Procedure Act requires appeals to be filed within thirty days of the decree or order. The appeal was filed thirteen days out of time. No order extending the time within which to appeal had been obtained from the court.

Issues

  1. Whether an appeal filed thirteen days out of time without leave of court is competent.

Orders

  • Appeal dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Appeals — Time Limits — Filing Out of Time
An appeal filed out of time without prior leave of court extending the time within which to appeal is incompetent and ought to be dismissed.
Civil Procedure — Appeals — Statutory Right — Strict Compliance
The right to appeal is founded solely on statute, and any party seeking to exercise that right must strictly comply with the conditions prescribed by the statute.
Civil Procedure — Limitation Periods — Mandatory Nature
Statutes of limitation are strict and inflexible enactments whose overriding purpose is that litigations shall be automatically stifled after a fixed length of time, irrespective of the merits of a particular case.

Legislation cited (1)

Cases cited (4)

  • Ssekazi Godfrey v Kyeyune David (Civil Appeal No. 109 of 2015)
  • Nabasa Jolly v Enid Bainomugisha and Another (Civil Appeal No. 176 of 2017)
  • Haraam Singh Bhogal T/A Harnam Stagh & Co v Jadva Kartan (1953) 20 EACA 17
  • Re-Application of Mustapha Ramathan (Civil Appeal No. 25 of 1996)

Full judgment

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

Nyuma Faustine and Others v Tondi Joseph (Civil Appeal 33 of 2021) [2026] UGHC 752 (6 July 2026)
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.