Rushegyera Eleaza v Bushenyi Ishaka Town Council (Civil Application 29 of 2001)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On a single-judge application for extension of time to file a notice of appeal, the court held that the applicant, who lived outside Kampala and was unaware that his Court of Appeal appeal had been dismissed, established sufficient reason under Rule 4. He acted promptly on learning of the dismissal, instructing counsel and swearing the supporting affidavit the next day, and his account was uncontradicted by any affidavit in reply. The court refused to entertain the adjournment intimated by counsel's informal letter, holding that an application for adjournment should not be made by letter and that another of the four advocates in the firm could have appeared. The application was granted.
Outcome
Extension of time granted; applicant to file notice of appeal within 14 days from 6 November 2002
Facts
The applicant was the unsuccessful appellant in Court of Appeal Civil Appeal No. 26 of 1999, which was dismissed on 5 November 2001 in the presence of his lawyers but in his absence. The applicant, who lived in Bushenyi District outside Kampala, had been out of touch with his lawyers and was unaware that judgment had been delivered. He travelled to Kampala and learnt of the dismissal on 22 November 2001, immediately instructing counsel to appeal to the Supreme Court. He was informed he was four days late in filing the notice of appeal, the notice being due by 19 November 2001 (fourteen days after the decision). The supporting affidavit was sworn the next day, 23 November 2001, and the application was lodged on the next working day, Monday 26 November 2001. The respondent filed no affidavit contradicting the applicant's account, and neither side's advocates attended the hearing.
Issues
- Whether the applicant gave sufficient reason under Rule 4 of the Rules of the Supreme Court to justify an extension of time to file a notice of appeal out of time.
- Whether an application for adjournment of the hearing could properly be made by letter.
Orders
- Application granted.
- Applicant to file his notice of appeal within fourteen (14) days from 6 November 2002, lodging the appeal as required by the Rules.
- No order as to costs.
Rules and key headnotes
Legislation cited (4)
- Rules of the Supreme Court r.4
- Rules of the Supreme Court r.41(1)
- Rules of the Supreme Court r.50
- Rules of the Supreme Court r.71(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.