Wakilii

Westmont Land (Asia) Ltd v Attorney General of Uganda and Another (Civil Application No. 61 of 1999)

Court of Appeal · [1999] UGCA 90 · 1999 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file an application for leave to appeal
Decision
Extension of time granted; applicant directed to lodge and serve notice of appeal within seven days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought an extension of time to file an application for leave to appeal after the statutory period expired. The court held that sufficient cause for the delay had been shown: the delay was caused by counsel's insistence that security for the substantial decretal sum (over Shs. 32 billion) be put in place before pursuing the appeal, and by the applicant being based in Malaysia with directors scattered abroad. The court found the applicant was not guilty of dilatory conduct, her counsel having acted diligently. Even if blameworthy, it was in the interest of justice that the applicant be heard given the large sums involved and the public importance of the divestiture of Uganda Commercial Bank. The application was allowed.

Outcome

Extension of time granted; applicant directed to lodge and serve notice of appeal within seven days

Facts

The applicant, a company based in Malaysia with directors and shareholders scattered across England, Singapore and Malaysia, failed to file a written statement of defence, and a default judgment was entered against it for a decree exceeding Shs. 32 billion. The applicant's counsel sought leave from the High Court to appeal and to stay execution, but on 17 August 1999 the High Court refused leave (the applicant having declined to be party to the proceedings) and refused the stay because no security for the due satisfaction of the decree had been furnished. The applicant then had fourteen days, expiring on 31 August 1999, to seek leave from the Court of Appeal. Counsel did not act because they insisted on obtaining specific instructions on security for the substantial decretal sum before pursuing leave to appeal and a stay. Those instructions were received on 14 September 1999, and the application was filed in the Court of Appeal on 16 September 1999, two days later. The matter concerned the divestiture of Uganda Commercial Bank and statutory interpretation issues touching the Arbitration Act.

Issues

  1. Whether the applicant had shown sufficient cause for the delay to warrant an extension of time to file an application for leave to appeal.

Orders

  • Application for extension of time allowed.
  • Counsel for the applicant shall lodge the notice of appeal within seven days from today.
  • The notice of appeal shall be served upon counsel for the respondents within seven days from the day of lodging the same in the registry.
  • No order as to costs.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Cause for Delay
In exercising its discretion to extend time under rules 4 and 42 of the Rules of the Court of Appeal, the court must establish that the applicant's own dilatory conduct is not the cause of the expiration of the prescribed time limit; where the delay arises from understandable circumstances rather than indecision, sufficient cause is shown.
Civil Procedure — Extension of Time — Mistake or Judgment of Counsel
Where a delay is attributable to the considered judgment or error of an applicant's counsel rather than to the applicant's own fault, that error should not be visited upon the applicant so as to shut it out from pursuing an appeal.
Civil Procedure — Extension of Time — Interest of Justice and Magnitude of Subject Matter
Even where an applicant may bear some blame for delay, the court may extend time where the interest of justice and the magnitude or public importance of the subject matter warrant affording the applicant an opportunity to be heard on appeal.

Legislation cited (5)

  • Judicature Act 1996 s.13(1)
  • Rules of the Court of Appeal r.4
  • Rules of the Court of Appeal r.42
  • Rules of the Court of Appeal r.104
  • Rules of the Court of Appeal r.112

Cases cited (9)

  • The Executrix of the Estate of the Late Christine Mary Namatovu Tebajjukira v Noel Grace Shalita Stwanzi (Civil Application No. 1 of 1988)
  • Banyankole Kweterana Co-operative Union Ltd v John Katsiko (Civil Appeal No. 1 of 1999)
  • C.A.C.A. No. 11 of 1999, The Management Committee Ruhaama Girls School Vs. Dr. Burora Kumbere (unreported)
  • Haji Sekajja v Farida Sood (Civil Application No. 27 of 1993)
  • Shanti Vs. Hindocha & ors [1973] EA. 207
  • Bhatt Vs. Tejwant Singh [1962] EA 587
  • Florence Nabatanzi v Naama Bansobedde (Civil Application No. 6 of 1987)
  • Lawrence Musiitwa Kyazze v Eunice Businge (Civil Application No. 18 of 1990)
  • Emily Kinyera v Eria G. Musisha (Civil Application No. 133 of 1999)

Full judgment

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

Westmont Land (Asia) Ltd v Attorney General of Uganda and Another (Civil Application No. 61 of 1999) [1999] UGCA 90 (23 December 1999)
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.