Wakilii

Safari Ronald v Kyambadde Joseph (Miscellaneous Application 138 of 2025)

High Court · [2026] UGHC 432 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out notice of appeal filed in the High Court arising from a civil suit at the Chief Magistrate's Court
Decision
Notice of appeal struck out; no appeal commenced

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that an appeal to the High Court from a Magistrate's Court must be commenced by filing a memorandum of appeal under Order 43 Rule 1 of the Civil Procedure Rules, not by filing a notice of appeal. A notice of appeal is a court document issued after a memorandum of appeal is lodged, not a document to be filed by parties. The notice of appeal filed by the respondent was struck out as it does not commence an appeal under the rules.

Outcome

Notice of appeal struck out; no appeal commenced

Facts

Safari Ronald was the successful party in Kiboga Chief Magistrate's Court Civil Suit No. 027 of 2023 against Kyambadde Joseph. On 18 March 2025, the respondent filed a notice of appeal in the High Court, which was registered as Civil Appeal No. 0007 of 2025. The applicant's lawyers advised that the notice of appeal offended the law and was improperly on the court record. The respondent did not file an affidavit in reply but was present at the hearing. No memorandum of appeal was filed by the respondent despite the passage of one year since the notice of appeal was lodged.

Issues

  1. Whether the notice of appeal filed by the respondent in civil appeal no. 0007 of 2025 offends the law.
  2. What remedies are available to the parties?

Orders

  • Application allowed.
  • Notice of appeal filed in LD-CA-0007-2025 struck out.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Appeals — Commencement of Appeal — Memorandum of Appeal Required
An appeal to the High Court from a Magistrate's Court is commenced by filing a memorandum of appeal signed by the appellant or advocate under Order 43 Rule 1 of the Civil Procedure Rules, not by filing a notice of appeal.
Civil Procedure — Appeals — Notice of Appeal — Court Document Not Party Document
Under Order 43 Rule 10(1) of the Civil Procedure Rules, a notice of appeal is a court document issued by the High Court after receiving a memorandum of appeal, not a document to be filed by the appellant or advocate.
Civil Procedure — Appeals — Notice of Appeal — Striking Out Improper Filing
Where a party files a notice of appeal in the High Court without filing a memorandum of appeal, the notice of appeal may be struck out as it does not commence an appeal and offends the rules of court.

Legislation cited (5)

Cases cited (2)

  • Mupapa Paul and Another v Mbulyo Fredrick (Miscellaneous Application No. 122 of 2023)
  • Commissioner Customs Uganda Revenue Authority v Sentongo Robert (High Court Miscellaneous Application No. 175 of 2018)

Full judgment

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

Safari Ronald v Kyambadde Joseph (Miscellaneous Application 138 of 2025) [2026] UGHC 432 (27 March 2026)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.