Wakilii

Okodi v Ejoku (Civil Miscellaneous Application 211 of 2023)

High Court · [2024] UGHC 596 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file civil appeal from judgment in Civil Suit No. 008 of 2021
Decision
Application dismissed as premature; time for filing appeal extended by 30 days from date of ruling

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an application for extension of time to file an appeal is premature where the statutory 30-day period has not yet expired. Under Civil Procedure Act s.79(2), time taken by the court to prepare certified copies of the decree and proceedings is excluded from calculating the appeal period. The 30-day period begins running from the date the applicant receives the certified record of proceedings, not from the date of judgment delivery.

Outcome

Application dismissed as premature; time for filing appeal extended by 30 days from date of ruling

Facts

On 14 September 2023, judgment was delivered in Civil Suit No. 008 of 2021. On 6 October 2023, the applicant's lawyers requested certified copies of the judgment, decree and record of proceedings. The record of proceedings was certified on 16 November 2023 and presented to the applicant on 20 November 2023. The applicant filed this application for extension of time to file an appeal on 11 December 2023. The respondent opposed the application on the ground that it was premature, as the 30-day period for filing an appeal had not yet expired when the application was filed.

Issues

  1. Whether the application for extension of time to file an appeal was premature given that the 30-day period for filing an appeal had not yet expired.

Orders

  • Application dismissed with no order as to costs.
  • Time for filing any appeal extended to 30 days from the date of this ruling.

Rules and key headnotes

Civil Procedure — Appeals — Extension of Time — Premature Applications
An application for extension of time to file an appeal is premature where the statutory period for filing the appeal has not yet expired at the time the application is brought.
Civil Procedure — Appeals — Time Limits — Computation of Time
Under section 79(2) of the Civil Procedure Act, the time taken by the court in preparing certified copies of the decree, order and proceedings is excluded from computing the period of limitation for filing an appeal. The 30-day period begins to run from the date the appellant receives the certified record of proceedings, not from the date of judgment delivery.

Legislation cited (6)

Full judgment

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Okodi v Ejoku (Civil Miscellaneous Application 211 of 2023) [2024] UGHC 596 (2 July 2024)
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.