Pike v Kalema (Civil Application 6 of 1995)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On an application under the Rules of the Court for extension of time to lodge a notice of appeal, the single Justice held that the applicant had shown sufficient reason for the delay: he had proceeded on overseas leave before the date for delivery of the High Court judgment had been fixed. The application was granted. The applicant was ordered to lodge his notice of appeal against the award of damages within seven days and the record of appeal within fourteen days of lodging the notice, with costs of the application to abide the result of the appeal.
Outcome
Application for extension of time succeeded; applicant permitted to lodge his notice of appeal out of time within seven days
Facts
The applicant sought leave to lodge a notice of appeal out of time against a decision of the High Court at Kampala (Katutsi Ag. J.) dated 14 June 1994 in High Court Civil Suit No. 64 of 1993. The application was supported by the applicant's own affidavit and that of Professor Edward Fredrick Ssempebwa. The court accepted, on the unchallenged evidence, that by the time the applicant proceeded on his overseas leave the date for delivery of the High Court judgment had not yet been fixed, which explained why he had not lodged the notice of appeal in time.
Issues
- Whether the applicant had shown sufficient reason for failing to lodge the notice of appeal within the prescribed time, so as to warrant an extension of time.
Orders
- Application for extension of time granted.
- Applicant to lodge notice of appeal against the award of damages within seven (7) days from the date of the ruling and serve a copy on the opposite party.
- Applicant to lodge the record of appeal within fourteen (14) days from the date of lodging the notice of appeal.
- Costs of the application to abide the results of the appeal.
Rules and key headnotes
Legislation cited (3)
- Rules of the Supreme Court r.1(3)
- Rules of the Supreme Court r.4
- Rules of the Supreme Court r.42
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.