Ssengujja Bruhane v Katumba Simeyi (Civil Appeal No. 30 of 2008)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the appeal as time-barred. The appellant filed the memorandum of appeal 47 days after the decree date, exceeding the 30-day limitation period prescribed by Section 79(1) of the Civil Procedure Act. The court held that an appeal filed outside the statutory period is a nullity and declined to consider the merits or written submissions.
Outcome
Appeal dismissed as time-barred without consideration of merits
Facts
The appellant appealed a decision of the Chief Magistrate's Court, Luwero, dated 27 October 2008. The decree was entered on 29 October 2008. The appellant filed the memorandum of appeal in the High Court on 15 December 2008, which was 47 days after the decree date. The respondent opposed the appeal. The High Court examined whether the appeal complied with the statutory limitation period.
Issues
- Whether the appeal was filed within the prescribed time limit under Section 79 of the Civil Procedure Act.
Orders
- Appeal dismissed.
- Costs awarded to the respondent.
Rules and key headnotes
Legislation cited (2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.