Robert Byaruhanga v Rukungiri District ADM (Civil Suit No.407 of 1989)

Observed later treatment

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

An appeal from a taxing officer's decision must be filed within the mandatory 30-day period under section 61(1) of the Advocates Act 1970. Under Order 47 rule 3 of the Civil Procedure Rules, only a Sunday on which the final day of the limitation period falls is excluded from computation; Sundays falling during the period are not excluded. The appeal filed 43 days after the taxing officer's decision was out of time and struck out with costs.

Outcome

Appeal struck out as time-barred

Facts

The plaintiff had filed Civil Suit No. 407 of 1989 against Rukungiri District Administration and the Attorney General for trespass and obtained judgment. The matter proceeded to taxation of costs before the Deputy Registrar. The taxing officer delivered a decision on 10 November 1992. The appellant filed a memorandum of appeal dated 11 December 1992, which was lodged in the Civil Registry on 23 December 1992. The respondent raised a preliminary objection that the appeal was filed outside the mandatory 30-day period prescribed by section 61(1) of the Advocates Act 1970. The appellant contended that four Sundays should be excluded from the computation and that the delay in registry stamping should excuse the late filing.

Issues

1. Whether an appeal from a taxing officer's decision filed 43 days after the decision was filed within the mandatory 30-day period under section 61(1) of the Advocates Act 1970.
2. Whether Sundays falling within the appeal period should be excluded when computing the 30-day limitation period.
3. Whether the court should hear the appeal in the interest of justice despite being filed out of time.

Orders

• Preliminary objection upheld.
• Appeal struck out with costs.

Rules and key headnotes

Legislation cited (3)

• Advocates Act 1970 (Act 22 of 1970) s.61(1)
• Government Proceedings Act Cap 69 s.11
• Civil Procedure Rules Order 47 rule 3

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Attorney General v Turyamureeba (Civil Suit 436 of 1989)

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