Wakilii

Uganda Ginners & Cotton Exporters Ltd & 11 Ors v Mudu Awulira (Miscellaneous Appeal No. 97 of 2014)

High Court · [2014] UGCOMMC 59 · 2014 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Registrar's ruling under Section 98 Civil Procedure Act and Order 50 Rule 8 Civil Procedure Rules
Decision
Preliminary objection dismissed and appeal to proceed to hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that an appeal from a Registrar's ruling delivered on 12 February 2014 and filed on 20 February 2014 was within the seven-day time limit prescribed by Section 79(1)(b) Civil Procedure Act. Applying Section 34(1)(a) Interpretation Act and Order 52 Rule 2 Civil Procedure Rules, the day of the ruling is excluded and Saturdays and Sundays are not counted, resulting in six working days. The preliminary objection that the appeal was time-barred was overruled.

Outcome

Preliminary objection dismissed and appeal to proceed to hearing

Facts

The Applicants filed an appeal on 20 February 2014 against a Registrar's ruling delivered on 12 February 2014. The Respondents raised a preliminary objection that the appeal was time-barred, arguing that the seven-day period prescribed by Section 79(1)(b) Civil Procedure Act had elapsed. The Respondents contended that under Section 34(1) Interpretation Act, the day of the ruling should be excluded, making the last day for filing 19 February 2014. The Applicants argued that the appeal was filed on the last day when applying Order 51 Rule 8 Civil Procedure Rules and Section 34(1) Interpretation Act, with Saturdays and Sundays excluded under Order 52 Rule 2 Civil Procedure Rules.

Issues

  1. Whether the appeal from the ruling of the Registrar was filed out of time without leave.

Orders

  • Preliminary objection overruled.
  • Appeal to be fixed for hearing.
  • Costs to abide the outcome of the appeal.

Rules and key headnotes

Civil Procedure — Computation of Time — Appeals from Registrar's Orders — Exclusion of First Day and Weekends
In computing the seven-day period for filing an appeal from a Registrar's ruling under Section 79(1)(b) Civil Procedure Act, the day on which the ruling was delivered is excluded by operation of Section 34(1)(a) Interpretation Act, and Saturdays, Sundays and public holidays are excluded by operation of Order 52 Rule 2 Civil Procedure Rules.
Civil Procedure — Advocates — Professional Conduct — Advocate as Witness
An advocate who has sworn an affidavit in support of contentious proceedings may not represent the client at the bar in those same proceedings where the possibility of cross-examination on that affidavit cannot be ruled out.

Legislation cited (8)

Full judgment

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Uganda Ginners & Cotton Exporters Ltd & 11 Ors v Mudu Awulira (Miscellaneous Appeal No. 97 of 2014) [2014] UGCommC 59 (16 May 2014)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.