Wakilii

Otim William vs Akwanu Silver (High Court Miscellaneous Application No. 35 of 2022)

High Court · [2022] UGHC 93 · 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 direction to pursue appeal within two months

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Holding

The High Court set aside the dismissal of Civil Appeal No. 52 of 2018 and granted the applicant leave to file a memorandum of appeal out of time. The court found that the applicant's illness (high blood pressure and kidney problems) supported by medical evidence constituted sufficient cause for his failure to file the memorandum of appeal within the prescribed thirty-day period. The court directed the applicant to pursue the appeal within two months or it would lapse automatically.

Outcome

Dismissal order set aside; applicant granted leave to file memorandum of appeal out of time with direction to pursue appeal within two months

Facts

The respondent filed Civil Suit No. 08 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 (Civil Appeal No. 52 of 2018) but did not file a memorandum of appeal. The appeal was dismissed on 4 June 2021 for want of a memorandum of appeal. The applicant claimed he became sick with high blood pressure and kidney problems which prevented him from taking the necessary steps to pursue the appeal. He was a lay person without legal representation and did not know he was required to file the memorandum within thirty days. The applicant brought this application seeking to set aside the dismissal order and for leave to file the memorandum of appeal out of time.

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 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 — Extension of Time — Sufficient Cause
An applicant seeking to set aside a dismissal order and file a memorandum of appeal out of time must prove that he was prevented from prosecuting his case by sufficient cause. What constitutes sufficient cause is left to the court's discretion and should receive a liberal construction to advance substantial justice where no negligence, inaction, or want of bona fides is imputed to the appellant.
Civil Procedure — Appeals — Form and 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 — Medical Illness as Sufficient Cause
Medical illness supported by documentary evidence may constitute sufficient cause for failure to file a memorandum of appeal within the prescribed time, warranting the setting aside of a dismissal order and the grant of leave to file out of time.

Legislation cited (9)

Cases cited (5)

  • Abel Belemesa v Mugenyi Yesero (High Court Miscellaneous Application No. 126 of 2019)
  • Alinyo v R [1974] EA 544
  • Luzinda George v Edward Wasswa (High Court Civil Appeal No. 39 of 2009)
  • Mbambu Stella v Monday Nicholas (High Court Civil Suit 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 William vs Akwanu Silver (High Court Miscellaneous Application No. 35 of 2022) [2022] UGHC 93 (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.