Wakilii

Uganda Telecom Ltd v Tanzanite Corporation (Civil Application No.91 03)

Court of Appeal · [2003] UGCA 54 · 2003 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file and validate a notice of cross-appeal filed out of time
Decision
Application for extension of time granted; notice of cross-appeal validated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal granted an application to extend time for filing and to validate a notice of cross-appeal lodged out of time. The court held that the applicant had shown sufficient cause: the failure to file within the 30-day period under rule 90(2) resulted from counsel's blunder in omitting to endorse the date of receipt of the record of appeal, and such mistakes of counsel should not be visited on the litigant absent exceptional circumstances. The applicant was not responsible for counsel's conduct, the respondent's appeal had not been cause-listed, and no injustice to the respondent was shown. Invoking Article 126(2)(e) of the Constitution, the court enlarged time and awarded the respondent costs.

Outcome

Application for extension of time granted; notice of cross-appeal validated

Facts

The High Court delivered judgment in Civil Suit No. 710 of 2000 partially in favour of the respondent, Tanzanite Corporation, ordering the applicant, Uganda Telecom Ltd, to pay US$260,000. The respondent, dissatisfied with the part decided against it, filed a notice of appeal on 20 December 2002. On 29 April 2003 the respondent served the record of appeal on the applicant's counsel. Under rule 90(2) the applicant had to file any notice of cross-appeal within 30 days of service, that is by 30 May 2003. The applicant's counsel, while endorsing the date of receipt on the respondent's copy of the record, omitted to record the same date on his own file, and consequently failed to file the notice within time. Counsel discovered the mistake in July and lodged the application together with the notice of cross-appeal in the registry on 23 July 2003.

Issues

  1. Whether the applicant had shown sufficient cause to justify extension of time for filing a notice of cross-appeal out of time.
  2. Whether the mistake of counsel in failing to file the notice within time should be visited on the litigant.

Orders

  • Application allowed; time for filing the notice of cross-appeal enlarged.
  • Notice of cross-appeal filed on 23rd July 2003 validated.
  • Costs of the application awarded to the respondent.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause for Late Filing
The court has unfettered discretion under rule 4 of the Court of Appeal Rules to extend time for any act, provided the applicant shows that it was prevented from taking the right step at the right time for sufficient reason.
Civil Procedure — Extension of Time — Mistakes of Counsel Not Visited on Litigant
Mistakes, faults, lapses or dilatory conduct of counsel should not be visited on a litigant except in exceptional circumstances, and a blunder by an advocate may constitute sufficient cause for enlargement of time where the litigant is not shown to be responsible for the delay.
Civil Procedure — Substantive Justice — Article 126(2)(e) of the Constitution
Courts are enjoined by Article 126(2)(e) of the Constitution to administer substantive justice without undue regard to technicalities, and a party should not be driven from the judgment seat without an opportunity of being heard where no injustice to the opposing party is shown.

Legislation cited (6)

  • Court of Appeal Rules Directions 1996 r.4
  • Court of Appeal Rules Directions 1996 r.42(1)
  • Court of Appeal Rules Directions 1996 r.43(1)
  • Court of Appeal Rules Directions 1996 r.90(1)
  • Court of Appeal Rules Directions 1996 r.90(2)
  • Constitution of Uganda 1995 Article 126(2)(e)

Cases cited (3)

  • Crane Finance Co Ltd and Another v Attorney General and Others (Civil Application No. 1 of 2003)
  • Easton Vs Ford Motor [1993] W.L.R.1511
  • Omari Ali v Abdallah (Civil Application No. 54 of 2000)

Full judgment

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

Uganda Telecom Ltd v Tanzanite Corporation (Civil Application No.91 03) [2003] UGCA 54 (12 September 2003)
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.