Wakilii

Petronilla Omal Okoth v Gabriel Obbo Katandi and Godfrey Obbo Ondhoro (Miscellaneous Application No. 128 2017)

High Court · [2019] UGHC 102 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of a High Court ruling that struck off an application for leave to appeal to the Court of Appeal
Decision
Application for review granted; original application for leave to appeal reinstated to be heard on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court erred by failing to exclude the Christmas court vacation period when computing the time limit for filing an application for leave to appeal. When vacation periods and the date of the original ruling are properly excluded under the Interpretation Act, Civil Procedure Rules Order 51, and the Judicature (Court of Appeal Rules) Directions, the application was filed within the mandatory fourteen-day period. The ruling dismissing the application for being out of time was set aside and the application reinstated.

Outcome

Application for review granted; original application for leave to appeal reinstated to be heard on its merits

Facts

The applicant filed an application for leave to appeal to the Court of Appeal on 13 January 2017, challenging a ruling delivered on 16 December 2016 in Miscellaneous Application No. 286 of 2015. The respondents raised a preliminary objection that the application was filed outside the mandatory fourteen-day period prescribed by Rule 40(2) of the Judicature (Court of Appeal Rules) Directions. The respondents contended that twenty-three days had elapsed between the ruling and the filing of the leave application. The trial judge sustained the preliminary objection, holding that statutes of limitation must be interpreted strictly, and struck off the application. The applicant then applied for review of that ruling, arguing that the trial court committed an error apparent on the face of the record by failing to exclude the Christmas court vacation period (23 December to 7 January inclusive, or alternatively, 24 December to 15 January under Civil Procedure Rules Order 51) when computing the time limit. The respondents opposed the review application on multiple grounds, including jurisdictional objections and the absence of an extracted decree.

Issues

  1. Whether the trial court erred in computing the time within which the applicant was required to file an application for leave to appeal to the Court of Appeal by failing to exclude the Christmas court vacation period.

Orders

  • The decision in Miscellaneous Application No. 0019 of 2017 is set aside.
  • Miscellaneous Application No. 0019 of 2017 is reinstated to be heard on its merits.
  • Each party shall bear its own costs in view of the fact that the error that resulted into the filing of this application is the fault of the court.

Rules and key headnotes

Civil Procedure — Computation of Time — Exclusion of Court Vacation Periods
In computing time for filing applications or pleadings, the Christmas court vacation period must be excluded from the computation of time in accordance with the Interpretation Act section 34, Civil Procedure Rules Order 51, Judicature (Court of Appeal Rules) Directions Rule 4(e), and the Judicature Court Vacation Rules. The date on which a decision is pronounced must also be excluded from the computation.
Civil Procedure — Review of Judgments — Error Apparent on the Face of the Record
An error apparent on the face of the record is an evident error which does not require any extraneous matter to show its incorrectness; it must be so manifest and clear that no court would permit such error to remain on record. A failure to apply clear statutory provisions governing computation of time constitutes an error apparent on the face of the record justifying review under section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules.
Civil Procedure — Review of Judgments — Grounds for Review
An application for review may succeed on the ground of error apparent on the face of the record under section 82 of the Civil Procedure Act and Order 46 of the Civil Procedure Rules where the court overlooked mandatory statutory provisions in reaching its decision, even where an alternative remedy by way of appeal may exist.
Civil Procedure — Preliminary Objections — Extraction of Decrees
Following the enactment of the 1995 Constitution of Uganda, the failure to extract a decree is a mere technicality and not fatal to an application or appeal. Courts are enjoined under Article 126(2)(e) to administer substantive justice without undue regard to technicalities. An appeal by its nature is against a judgment or reasoned order, not the decree extracted from that judgment.

Legislation cited (9)

Cases cited (8)

  • G.M Combined Ltd v A.K Detergents Ltd (Supreme Court Civil Appeal No. 23 of 1994)
  • Mugabo Peter Bagonza and 9 Others v James Kimala and 40 Others (High Court Miscellaneous Application No. 631 of 2011)
  • Kibuka Musoke William and Others v Apollo Kaggwa (Constitutional Civil Appeal No. 46 of 1997)
  • Hajji Musa Hasakya v Owori & Co. Advocates and Another (Miscellaneous Application No. 32 of 2013)
  • Banco Arabe Espanol v Bank of Uganda (Civil Appeal No. 42 of 1998)
  • Edison Kanyabwera v Pastori Tumwebaze (Court of Appeal No. 6 of 2006)
  • Edson Kanyabwera versus Pastori Tumwebaze (2005) 2 E.A 87
  • Nyamongo and Nyamongo Advocates versus Kogo (2001) EA 173

Full judgment

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

Petronilla Omal Okoth v Gabriel Obbo Katandi and Godfrey Obbo Ondhoro (Miscellaneous Application No. 128_2017) [2019] UGHC 102 (10 December 2019)
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.