Wakilii

Shariff v Kampala General Agency Ltd (C.A. 38- 1933.)

East African Court of Appeal · [1937] EACA 23 · 1937 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time following delay in issuance of preliminary mortgage decree
Decision
Leave to appeal out of time granted; appeal to proceed to hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that Rule 8 of the Eastern Africa Court of Appeal Rules, which excludes time for obtaining decree copies when computing appeal periods, does not create an automatic right to file out of time without leave. However, where delay in supplying a certified decree copy is not the appellant's fault, leave to appeal out of time should be granted. The Court granted leave where respondent's delay in complying with preliminary mortgage decree requirements caused the late filing.

Outcome

Leave to appeal out of time granted; appeal to proceed to hearing

Facts

Judgment was delivered on 15 November 1932 in the High Court of Tanganyika. The appellant applied for certified copies on 24 January 1933. The judgment copy was supplied on 8 February 1933, but the decree copy was not supplied until 26 July 1933. The delay was due to requirements under Tanganyika High Court practice for preliminary mortgage decrees: accounts had to be taken and the successful plaintiff's bill of costs had to be taxed. The respondent lodged their bill of costs on 4 January 1933, but it was not taxed until 6 May 1933. The respondent did not pay fees for taking accounts until 8 June 1933. The memorandum of appeal was filed on 10 August 1933. The respondent objected that the appeal was out of time.

Issues

  1. Whether the provision in Rule 8 of the Eastern Africa Court of Appeal Rules excluding time for obtaining copies creates a right to file an appeal out of time without leave.
  2. Whether delay in supplying a certified copy of a decree for which the appellant is not responsible justifies granting leave to appeal out of time.

Orders

  • Application granted.
  • Applicant given leave to appeal out of time.
  • Appeal set down for hearing at the next sessions.
  • Costs to be costs in the appeal.

Rules and key headnotes

Civil Procedure — Appeals — Time Limits — Exclusion of Time for Obtaining Copies
The provision in Rule 8 of the Eastern Africa Court of Appeal Rules that in computing the period for filing appeals in civil cases the time requisite for obtaining a copy of the decree and of the statement given by the judge be excluded does not in itself create a right to file an appeal out of time without an application for leave to appeal out of time.
Civil Procedure — Appeals — Leave to Appeal Out of Time — Delay Not Attributable to Appellant
Delay in supplying a certified copy of a decree for which delay the appellant is not responsible justifies leave being given to appeal out of time.
Civil Procedure — Preliminary Mortgage Decrees — Practice Requirements Before Issuance
The practice of the High Court of Tanganyika in the case of a preliminary mortgage decree requires that certain things be done prior to the issue of the decree, including taxation of bills of costs, payment of fees for taking accounts, and payment of fees for drawing the decree.

Legislation cited (2)

  • Eastern Africa Court of Appeal Rules 1925 Rule 8
  • Civil Procedure Code Order XXXIV Rule 1

Cases cited (1)

  • Jivanji v Jivanji (12 K.L.R. 45)

Full judgment

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

Shariff v Kampala General Agency Ltd (C.A. 38- 1933.) [1937] EACA 23 (1 January 1937)
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.