Ssemakula v Asiimwe (Civil Reference 4 of 2023)

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

On a reference to the full bench, the Supreme Court held that a single Justice has no jurisdiction under section 8 of the Judicature Act, and is expressly barred by rule 50(2)(c), to strike out an appeal, because such an application is not an interlocutory matter; the single Justice's order striking out the appeal was therefore a nullity and was set aside. The Court further held that 'Christmas vacation' under rule 4(e), being undefined in the Rules, takes the most proximate meaning in Order 51 rule 4 of the Civil Procedure Rules (24 December to 15 January). Excluding those days, the appeal had been filed within the 60 days under rule 79. The reference succeeded with costs.

Outcome

Reference allowed; single Justice's order striking out the appeal set aside as a nullity; the application to strike out the appeal (Civil Application No. 016 of 2022) referred to the fully constituted bench together with the appeal.

Facts

The appellant requested the record of proceedings, which was availed to his counsel on 2 December 2021. He lodged his appeal in the Supreme Court on 15 February 2022. The respondent filed Civil Application No. 016 of 2022 to strike out the appeal as filed outside the 60-day limit under rule 79, while the appellant filed Civil Application No. 018 of 2022 for extension of time to validate the appeal. Sitting as a single Justice, Hon. Justice Mike Chibita consolidated the applications, found the appeal filed out of time, dismissed the extension application and struck out the appeal, treating only the public holidays of 25 and 26 December and 1 January as excluded days. The appellant referred the matter to a bench of three Justices, challenging the single Justice's jurisdiction to strike out an appeal and his computation of time, particularly his treatment of the Christmas vacation under rule 4(e) of the Rules of the Supreme Court.

Issues

1. Whether a single Justice of the Supreme Court has jurisdiction to strike out an appeal.
2. Whether rule 50(2) of the Rules of the Supreme Court is void to the extent it conflicts with section 8 of the Judicature Act.
3. What is meant by 'Christmas vacation' under rule 4(e) of the Rules of the Supreme Court for the purpose of computing time.
4. Whether the appellant's appeal was lodged within the 60-day period prescribed by rule 79.

Orders

• The reference is allowed.
• The decision of the single Justice striking out the appeal in Civil Application No. 016 of 2022 is set aside as a nullity and of no effect.
• Civil Application No. 018 of 2022 is struck out with no order as to costs.
• Civil Application No. 016 of 2022 shall be placed before the fully constituted bench of the Supreme Court for final resolution together with the appeal.
• The appellant's reference succeeds with costs.

Rules and key headnotes

Legislation cited (17)

• Judicature Act Cap 13 s.8
• Judicature Act Cap 13 s.41
• Constitution art.132(2)
• Constitution art.129
• Rules of the Supreme Court (Judicature (Supreme Court Rules) Directions) rule 4(e)
• Rules of the Supreme Court rule 4(b)
• Rules of the Supreme Court rule 50
• Rules of the Supreme Court rule 79
• Rules of the Supreme Court rule 21
• Rules of the Supreme Court rule 110(2)
• Rules of the Supreme Court rule 3(g)
• Civil Procedure Rules Order 51 rule 4
• Civil Procedure Rules rule 2
• Civil Procedure Act s.1
• Civil Procedure Act s.2(b)
• Judicature (Court Vacation) Rules rule 2
• Judicature (Court Vacation) Rules rule 3

Cases cited (3)

• Makula International Ltd v Cardinal Nsubuga [1982] HCB 11
• Prof Syed Huq v Islamic University in Uganda (Civil Appeal No. 47 of 1995)
• Byeitima and 2 Others v Asaba (Civil Appeal No. 264 of 2013)

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