Tamo Links Services v KCB Bank Uganda Ltd (Miscellaneous Application No. 2906 of 2023)

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

An application for leave to appeal filed 60 days after delivery of the High Court ruling was struck out as incompetent. Rule 40(2)(a) of the Judicature (Court of Appeal Rules) Directions requires that where an appeal lies with leave, the application must be made informally at the time of the decision or by notice of motion within 14 days. The applicant failed to file within the prescribed period and provided no justification for the delay.

Outcome

Application struck off for being incompetent

Facts

The applicant was respondent in Misc. Cause No. 0052 of 2023, in which the bank sought possession of trucks financed under asset financing agreements. The ruling was delivered on 29 September 2023 in favour of the bank. The applicant filed a notice of appeal and subsequently brought this application for leave to appeal on 29 November 2023, 60 days after the ruling. The applicant did not appear at the hearing and did not file written submissions despite court directions. The respondent opposed the application on grounds that it was filed out of time and that the applicant was in contempt of court orders by refusing to hand over the trucks.

Issues

1. Whether this application is competent.
2. Whether this application should be allowed.

Orders

• This application is hereby struck off the record for being incompetent.
• Costs of this application are awarded to the Respondent.

Rules and key headnotes

Legislation cited (4)

• Civil Procedure Rules Order 44 Rule 1(2)
• Civil Procedure Rules Order 52
• Judicature (Court of Appeal Rules) Directions Rule 40(2)(a)
• Judicature (Court of Appeal Rules) Directions Rule 76(4)

Cases cited (2)

• All Muss Properties Uganda Ltd & 2 Ors v CTM Uganda Ltd & 2 Ors (Civil Application No. 379 of 2017)
• Johnson Mugisha & 3 Ors v Kampala Capital City Authority & 2 Ors (Miscellaneous Application No. 0481 of 2008)

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.

• Jacqueline Rugasira v Vincent Rubarema (Miscellaneous Application No. 310 of 2023)

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