Ssekamatte John Bosco v Kateregga Nuhu and 3 Others (Miscellaneous Application 2277 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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

The High Court has no jurisdiction to entertain applications for extension of time to file notices of appeal or related documents to the Court of Appeal. Under section 79(1) of the Civil Procedure Act and Rule 5 of the Court of Appeal Rules, the power to extend time for filing appeal documents is vested exclusively in the appellate court — in this case, the Court of Appeal. The application was accordingly dismissed as incompetent.

Outcome

Application dismissed as incompetent for lack of jurisdiction

Facts

On 6 May 2025, the High Court Land Division delivered judgment in HCCS No. 237 of 2021 against Mr. Ssekamatte, ordering his eviction from suit land and awarding damages to the respondents. The applicant alleged that his former lawyers withdrew from his instructions without his knowledge after he instructed them to file an appeal. On 31 July 2025, his new lawyers filed a letter requesting certified court proceedings and a notice of appeal, after the fourteen-day statutory period had expired. The applicant then brought this application seeking extension of time to file the notice of appeal and letter requesting proceedings, or alternatively to validate those documents.

Issues

1. Whether the High Court has jurisdiction to entertain an application for extension of time to file appeal documents to the Court of Appeal?
2. Whether the applicant has shown sufficient cause to warrant extension of time as prayed?

Orders

• Application dismissed with costs to the respondents.

Rules and key headnotes

Legislation cited (15)

• Judicature Act Cap 16 s.33
• Civil Procedure Act Cap 282 s.76
• Civil Procedure Act Cap 282 s.79(1)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 3
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 5
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 40(2)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 42(1)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 75
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 76
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 76(2)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 76(5)
• Judicature (Court of Appeal Rules) Directions S.I 13-10 Rule 78
• Civil Procedure Rules S.I 71-1 Order 44 Rule 2
• Civil Procedure Rules S.I 71-1 Order 44 Rule 3
• Civil Procedure Rules S.I 71-1 Order 52 Rule 1

Cases cited (3)

• Good African Foundation Ltd and Another v Agricultural Business Initiative Trust (Miscellaneous Application No. 1592 of 2021)
• Francis Nansio Micah v Nuwa Walakira (Supreme Court Civil Appeal No. 20 of 2001)
• Makula International v His Eminence Cardinal Nsubuga and Another (Civil Appeal No. 4 of 1981)

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