Tidinfa Serapio v Katiiti D (HCT-05-CV-MA-0172-2004 ) (HCT-05-CV-MA-0172-2004)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court granted an extension of time to appeal where the applicant acted diligently by instructing an advocate immediately upon learning of the ruling, but the first application failed due to counsel's error in filing an uncommissioned affidavit. The delay was not caused by the applicant's dilatory conduct.
Outcome
Extension of time granted; applicant to file appeal within 15 days
Facts
The applicant sought to appeal a ruling delivered by the Grade I Magistrate, Bushenyi on 21 February 2003 in his absence. He learned of the ruling on 6 May 2003 after several visits to court. He immediately instructed an advocate who filed an application on 27 May 2003. On 5 October 2004, the application was withdrawn after the respondent objected that the supporting affidavit had not been properly commissioned. The applicant instructed another advocate and filed a fresh application on 13 October 2004.
Issues
- Whether the applicant has shown sufficient reason for the court to grant an extension of time to file an appeal.
Orders
- Application granted.
- Applicant granted extension of time to prosecute appeal within 15 days of this ruling.
- Costs to abide the outcome of the appeal.
Rules and key headnotes
Cases cited (1)
- Shanti v Handocha & others [1973] EA 207
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.