Wakilii

Otim v Akwanu (HCMA 35 of 2022)

High Court · [2022] UGHCCD 317 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal of civil appeal and for leave to file memorandum of appeal out of time
Decision
Dismissal order set aside; applicant granted leave to file memorandum of appeal out of time with a two-month deadline

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that the applicant demonstrated sufficient cause for the reinstatement of his dismissed appeal by adducing medical evidence showing he suffered from high blood pressure and kidney problems which prevented him from filing his memorandum of appeal within the prescribed time. The court applied the principle that sufficient cause should receive a liberal construction to advance substantial justice where no negligence or want of bona fides is imputed. The dismissal order was set aside and the applicant granted leave to file the memorandum of appeal within two months.

Outcome

Dismissal order set aside; applicant granted leave to file memorandum of appeal out of time with a two-month deadline

Facts

The respondent filed Civil Suit No. 008 of 2015 in Serere Magistrate Court against the applicant for recovery of 4 acres of land. Judgment was passed in favour of the respondent on 31 October 2018. The applicant filed a notice of appeal on 6 November 2018 but did not file a memorandum of appeal. Civil Appeal No. 52 of 2018 was dismissed on 4 June 2021 for want of a memorandum of appeal. The applicant then brought this application seeking to set aside the dismissal order and for leave to file the memorandum out of time. The applicant averred that he became sick with high blood pressure and kidney problems which prevented him from taking the necessary steps to pursue the appeal, and that as a lay person without legal representation he did not know he was required to file the appeal within thirty days.

Issues

  1. Whether the applicant has shown sufficient cause to warrant setting aside the dismissal of Civil Appeal No. 52 of 2018.
  2. Whether the applicant should be granted leave to file and serve a memorandum of appeal out of time.

Orders

  • The dismissal of Civil Appeal No. 52 of 2018 arising from Civil Suit No. 08 of 2015 is set aside.
  • Costs to be in the cause.
  • The applicant is directed to ensure that the said appeal is pursued within two months from the date of this ruling otherwise the said appeal will lapse automatically.

Rules and key headnotes

Civil Procedure — Appeals — Setting Aside Dismissal — Sufficient Cause
Where an applicant seeks to set aside a dismissal order and obtain leave to file a memorandum of appeal out of time, the applicant must prove that he was prevented from prosecuting his case by sufficient cause. The term sufficient cause should receive a liberal construction in order to advance substantial justice when no negligence, inaction or want of bona fides is imputed to the appellant.
Civil Procedure — Appeals — Time Limits — Memorandum of Appeal
Under Section 79(1)(a) of the Civil Procedure Act, every appeal from the Magistrates Court to the High Court must be entered within thirty days from the date of the decree or order. A decree or order from which an appeal is lodged must be extracted and filed together with the memorandum of appeal. Failure to do so renders the appeal incompetent.
Civil Procedure — Appeals — Extension of Time — Discretion
Section 79(2) of the Civil Procedure Act provides that where good cause is shown, court can admit an appeal even after the lapse of the prescribed time. Grant of extension of time is discretionary and depends on proof of good cause showing that the justice of the matter warrants such an extension.

Legislation cited (9)

Cases cited (5)

  • Abel Belemesa v Mugenyi Yesero (HCT Misc. Application No. 126 of 2019)
  • Alinyo v R [1974] EA 544
  • Luzinda George v Edward Wasswa (HCCA No. 39 of 2009)
  • Mbambu Stella v Monday Nicholas (HCCS No. 10 of 2016)
  • The Registered Trustees of the Archdiocese of Dar es Salaam vs The Chairman Bunju Village Government & Others quoted in Gideon Mosa Onchwati vs Kenya Oil Co. Ltd & Another [2017] eKLR

Full judgment

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

Otim v Akwanu (HCMA 35 of 2022) [2022] UGHCCD 317 (25 August 2022)
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.