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Sarah Arinaitwe Kagonyera v Sheila Shemererwa (Miscellaneous Application 126 of 2025)

High Court · [2026] UGHCCD 21 · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file an appeal out of time from an ex parte judgment of the Chief Magistrate's Court
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

The High Court dismissed an application for enlargement of time to file an appeal out of time. The applicant failed to establish sufficient cause for the delay, having been aware of the proceedings in the lower court and having delayed 77 days after the ruling on her application to set aside the ex parte judgment before filing the present application. The court found the applicant guilty of dilatory conduct and held that the intended appeal had no reasonable chance of success.

Outcome

Application for enlargement of time dismissed with costs to the respondent

Facts

The applicant was found liable to pay UGX 23,000,000 by ex parte judgment of the Chief Magistrate's Court in Civil Suit No. 738 of 2021. The applicant claimed she was unaware of the judgment because she believed there was an understanding with the respondent that the suit was no longer necessary after land comprised in Busiro Block 511 Plot 390 was transferred into the respondent's name as security. The applicant learned of the ex parte judgment in July 2024 at the point of execution. In August 2024, she applied to set aside the ex parte judgment, which was dismissed on 2nd December 2024. On 17th February 2025, the applicant filed this application for enlargement of time to file an appeal out of time.

Issues

  1. Whether the application has merit?
  2. Whether remedies are available?

Orders

  • This application fails and is hereby dismissed.
  • The 2nd Defendant Benon Kibuuka may institute a fresh suit for reversal of the transfer of his security against the Respondent who also is the Plaintiff in Civil Suit No. 738 of 2021 if he so wishes.
  • Costs of this application are awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Enlargement of Time — Sufficient Cause — Burden of Proof
An applicant seeking enlargement of time to file an appeal out of time bears the burden of proving sufficient cause for the delay, which must relate to the inability or failure to take the necessary step within the prescribed time.
Civil Procedure — Enlargement of Time — Dilatory Conduct — Effect
Where an applicant is found guilty of dilatory conduct and fails to provide a valid reason for delay, the court will not exercise its discretion to extend time for filing an appeal.
Civil Procedure — Estoppel — Admission of Service — Effect
Where an applicant admits to having filed a written statement of defence in proceedings, she is estopped from denying service and pleading ignorance of the proceedings under section 114 of the Evidence Act.
Civil Procedure — Enlargement of Time — Factors for Consideration
In determining whether to grant an application for enlargement of time, the court considers the length of delay, the reason for delay, the possibility or chances of success of the intended appeal, and the degree of prejudice to the other party.

Legislation cited (11)

Cases cited (18)

  • Deborah Ntanda v Dr. D.B. Kyegombe & Anor (Miscellaneous Application No. 1493 of 2021)
  • Makula International Ltd v His Eminence Cardinal Emmanuel Nsubuga & Anor (Civil Appeal No. 4 of 1981)
  • Mulindwa George William v Joseph Kisubika (Supreme Court Civil Appeal No. 12 of 2024)
  • Muzamil Ayile v Rose Tarapke & Ors (Miscellaneous Application No. 24 of 2013)
  • Samwiri Massa v Rose Achen (1978) HCB 297
  • Tinkibasa Constansio v Tukahirwa Ben & Anor (Miscellaneous Application No. 007 of 2023)
  • Kabagambe George & Ors v Francis Kaahwa (Miscellaneous Application No. 100 of 2021)
  • Crane Bank Ltd v Nipun Narattam Bhatia (Supreme Court Civil Appeal No. 02 of 2014)
  • William Twakirane v Viola Bamusede (Civil Suit No. 35 of 2007)
  • Kasangaki Diana v Fulgensia Tumwesigye (Civil Application No. 21 of 2023)
  • Kananura v Kaijuka (Civil Reference No. 15 of 2016)
  • Rosette Kizito v Administrator General & others (Supreme Court Civil Application No. 09 of 1986)
  • [2018] UGSC 38
  • [2013] EKLR
  • Rupa Savings & Credit Cooperative Society v Violet Shidogo (Miscellaneous Application No. E009 of 2022)
  • James Bwogi & Sons Enterprises Ltd v Kampala City Council & Anor (Supreme Court Civil Application No. 09 of 2017)
  • Boney M Katumba v Waheed Karim (Administrator of late Suleiti Haji's Estate) (Supreme Court Application No. 27 of 2007)
  • Wasswa Matovu v Makerere University and other (Supreme Court Civil Application No. 11 of 2021)

Full judgment

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

Sarah Arinaitwe Kagonyera v Sheila Shemererwa (Miscellaneous Application 126 of 2025) [2026] UGHCCD 21 (22 January 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.