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Registered Trustees of Kampala Archdiocese v Nbitete Nnume Mixed Cooperatives Farm Limited (HC Miscellaneous Application No. 1466 of 2020)

High Court · [2021] UGHCLD 89 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file Notice of Appeal out of time, arising from Civil Suit No. 1559 of 2000
Decision
Application for enlargement of time dismissed with costs to the Respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application for enlargement of time to file a Notice of Appeal was dismissed. The court found that the Applicant failed to demonstrate sufficient reasons for the delay or chances of success in the intended appeal. The Applicant's reliance on counsel's negligence was rejected where the Applicant had over a year to discover the ruling but failed to act vigilantly. A litigant cannot indefinitely hide under the cover of counsel's mistakes, especially after suffering a similar experience. The court upheld the competence of the Respondent's treasurer to depose the affidavit in reply as a principal officer under Order 29 Rule 1.

Outcome

Application for enlargement of time dismissed with costs to the Respondent

Facts

The Applicant sought enlargement of time to file a Notice of Appeal against a judgment in Civil Suit No. 1559 of 2000 delivered on 14 June 2017. The Applicant claimed its lawyers failed to inform it of the judgment until 24 July 2017. A previous application (Miscellaneous Application No. 1104 of 2017) was struck out on technical grounds on 16 August 2019 due to improper deponent authorisation. The current application was filed on 15 October 2020. The Respondent contended that the Applicant's representatives were present when the judgment was delivered and that the Applicant was granted Powers of Attorney to the deponent on 30 September 2019, one and a half months after the earlier application was dismissed, demonstrating awareness. The underlying suit had been ongoing for over 20 years since 2000.

Issues

  1. Whether time can be enlarged to enable the Applicant to file a Notice of Appeal and an appeal against the Judgment and Decree vide Civil Suit No. 1559 of 2000.
  2. Whether the affidavit in reply deposed by the Respondent's treasurer was competent.
  3. Whether the Applicant disclosed sufficient or good reasons for enlargement of time for filing a Notice of Appeal.

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.
  • Preliminary objection to the affidavit in reply overruled.

Rules and key headnotes

Applications for enlargement of time — principal officer competence for co-operative societies — Order 29 Rule 1
A treasurer of a co-operative society is a principal officer within the meaning of Order 29 Rule 1 of the Civil Procedure Rules and may competently swear an affidavit on behalf of the society without special authorisation, as the treasurer must be elected to the committee under Regulation 24(1) of the Cooperative Societies Act and qualifies as a principal officer.
Enlargement of time — criteria for exercise of discretion — Order 51 Rule 6
In considering whether to enlarge time under Order 51 Rule 6 of the Civil Procedure Rules, the court must consider: (i) whether the applicant shows sufficient reason relating to inability or failure to take a step in time; (ii) that time limits exist to be observed and laxity defeats justice; (iii) the length of delay; (iv) the reason for delay; (v) the possibility or chances of success; and (vi) the degree of prejudice to the other party.
Enlargement of time — counsel's negligence — limits on litigant's ability to rely on advocate's mistakes
There must be a time limit as to when a litigant may hide under the cover of counsel's mistake or negligence. It should not take more than one year for a litigant to realise that a ruling was delivered, and continued reliance on counsel's negligence where the litigant has suffered a similar experience demonstrates laxity that cannot be condoned.
Enlargement of time — duty of vigilance — litigant's responsibility to monitor proceedings
A vigilant litigant who desires to have matters disposed of expeditiously must be able to find out from the court the progress of his or her case, especially where delay is suspected. A litigant who sits back to receive feedback only from advocates is equally to blame for inordinate delay caused by the advocate, particularly where the litigant has suffered a similar experience.
Enlargement of time — demonstration of chances of success — insufficient to state high chances without elaboration
It is not sufficient for an applicant seeking enlargement of time to merely state that they have high chances of success in the intended appeal; the applicant must briefly demonstrate how they have such chances of success.

Legislation cited (12)

Cases cited (10)

  • Andrew Bamanya v Shamsherali Zaver (Civil Application No. 70 of 2001)
  • Registered Trustees of Kampala Archdiocese v Nabitete Nnume Mixed Co-operative Farm Limited (Miscellaneous Application No. 1104 of 2017)
  • Freicca Pharmacy Limited v Anthony Natif (Miscellaneous Application No. 498 of 2019)
  • Niko Insurance (U) Limited v Southern Union Insurance Brokers Limited (Miscellaneous Application No. 817 of 2015)
  • Mutembuli Yusuf v Nagwomu Moses Musamba (Election Petition No. 13 of 2016)
  • Alfred Tajar v Uganda (Criminal Appeal No. 167 of 1967)
  • Captain Phillip Ongom v Catherine Nyero Owota (Civil Appeal No. 14 of 2001)
  • Mulindwa George William v Kisubika Joseph (Civil Appeal No. 12 of 2014)
  • Matovu Charles Kidimbo v Lukwata Yusuf (Miscellaneous Application No. 40 of 2017)
  • Birkett v James [1977] 3 W.L.R. 38

Full judgment

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

Registered_Trustees_of_Kampala_Archdiocese_v_Nbitete_Nnume_Mixed_Cooperatives_Farm_Limited_(HC_Miscellaneous_Application_No._1466_of_2020)_[2021]_UGHCLD_89_(28_July_2021)
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