Prof.G.S.Z Senyonga,Namuddu christine v Uganda(application to extend time) (Misc. Application No. 10 of 1999)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The court granted an application for extension of time to apply for a certificate to appeal to the Supreme Court. Under rule 4 of the Rules of the Court of Appeal, extension is granted where sufficient reason relating to the failure to act in time is shown. The court held that the failure of the applicants' instructed advocates to apply for the required certificate within time was a fault of the advocate that could not be visited on the client, and such fault causing delay constitutes sufficient reason for extension. The applicants were directed to file their application for a certificate within 7 days.

Outcome

Application for extension of time granted; applicants to file application for certificate within 7 days

Facts

Following the delivery of judgment in Criminal Appeal No. 4 of 1999, the applicants sought to appeal to the Supreme Court, which required a certificate from the Court of Appeal. The judgment had been read by the Registrar rather than a full court, so an informal application for the certificate could not be made at delivery. The applicants' advocates filed Notices of Appeal but failed to make a formal application for the certificate within the prescribed time, which had since expired. When a new firm was later instructed to prosecute the appeal in the Supreme Court, it discovered that no certificate had been applied for or issued. The applicants applied for extension of time to make the application for the certificate, supported by affidavits attributing the delay to the defaulting advocates.

Issues

1. Whether the applicants showed sufficient reason for extension of time within which to apply for a certificate to appeal to the Supreme Court.
2. Whether the fault of the applicants' advocate in failing to apply for a certificate within time constitutes sufficient reason for extension of time.

Orders

• The application is allowed.
• The applicants are to file their application for a certificate within 7 days from the date of this Ruling.
• No order as to costs.

Rules and key headnotes

Legislation cited (3)

• Rules of the Court of Appeal r.4
• Rules of the Court of Appeal r.40(1)
• Rules of the Court of Appeal r.42(1)

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