Wakilii

Opio Richard v Adonge Sally (Miscellaneous Application No. 81 of 2022)

High Court · [2025] UGHC 872 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file appeal out of time
Decision
Application dismissed as incompetent and abuse of process; related appeal struck off

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed the application for enlargement of time to file an appeal, finding it incompetent and an abuse of process. The applicant falsely claimed the court had advised him to file a fresh appeal after his earlier appeal was dismissed for want of prosecution. The court record showed no such advice was given. The proper remedies were review under section 82 of the Civil Procedure Act or appeal to the Court of Appeal, not filing a new appeal.

Outcome

Application dismissed as incompetent and abuse of process; related appeal struck off

Facts

The applicant's earlier appeal (Civil Appeal No. 36 of 2019) was dismissed on 15 February 2021 for want of prosecution because the respondent had never been served with appeal documents. The applicant then filed a fresh appeal (Civil Appeal No. 4 of 2021) and this application for enlargement of time, claiming the court had advised him to file a fresh appeal. The respondent opposed, arguing the application was an abuse of process and that the decree from the lower court had already been executed. The court examined the record of the 15 February 2021 proceedings and found no evidence that any advice to file a fresh appeal had been given.

Issues

  1. Whether the application for enlargement of time to file an appeal out of time should be granted.
  2. Whether the application constitutes an abuse of the court process.

Orders

  • Application dismissed with costs to the Respondent.
  • Civil Appeal No. 0004 of 2021 struck off the court record.

Rules and key headnotes

Civil Procedure — Appeals — Dismissal for Want of Prosecution — Proper Remedies
Where an appeal is dismissed for want of prosecution, the proper remedies available to the aggrieved party are either to apply for review of the decision under section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules, or to file an appeal to the Court of Appeal, not to file a fresh appeal in the same court.
Civil Procedure — Abuse of Process — False Claims of Court Advice
It constitutes fraud and abuse of the court process for a party to falsely claim that the court advised them to take a particular course of action when the court record shows no such advice was given.

Legislation cited (5)

Full judgment

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Opio Richard v Adonge Sally (Miscellaneous Application No. 81 of 2022) [2025] UGHC 872 (14 August 2025)
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.