Sekiboobo v Obonyo (Civil Application 31 of 1993)

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

On an application to extend time to file a fresh record and memorandum of appeal, the Deputy Chief Justice held that the application must fail, but on a ground different from that argued. There is no provision enabling the Registrar of the Supreme Court to dismiss an appeal; only the Court may make such an order. The Registrar's endorsement that the appeal stood dismissed under Rule 93 was therefore ultra vires his powers and was set aside, leaving the appeal still pending. The applicant's counsel was at liberty to take the next step. The application was dismissed with costs to the respondent.

Outcome

Application dismissed; the Registrar's purported dismissal of the appeal set aside, leaving the appeal pending

Facts

The applicant was the unsuccessful party in a civil suit in the High Court and appealed to the Supreme Court through his then advocates, who filed a defective record of appeal that omitted the orders appealed against and was an omnibus appeal attacking an order of the Deputy Registrar and two separate orders of two judges. On realising the mistake, counsel for the applicant sought to withdraw the appeal, but the respondent's counsel resisted. The Registrar of the Supreme Court then closed the file with an endorsement that the appeal stood dismissed with costs under Rule 93. The applicant changed advocates and brought the present application to extend time to file a fresh memorandum and record of appeal, arguing the appeal could be revived because it had never been heard on its merits. The respondent contended the appeal could not be reopened once dismissed.

Issues

1. Whether a dismissed appeal can be reinstated by extending time to file a fresh memorandum and record of appeal where it was never heard on its merits.
2. Whether the Registrar of the Supreme Court has power to dismiss an appeal.

Orders

• The Registrar's order dismissing the appeal vacated and set aside.
• Appeal remains pending.
• Application dismissed with costs to the respondent.

Rules and key headnotes

Legislation cited (1)

• Rules of the Supreme Court Rule 93

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.

• Polycarp Sekiboobo v Clare Obonyo [1994] UGSC 2

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