[1998] UGCA 59

[1998] UGCA 59

The Court of Appeal found that since the appellant had disowned the record of appeal filed by his dismissed lawyers and had not filed a new record of appeal, there was no valid appeal pending before the court. In such circumstances, the court has no jurisdiction to entertain the matter, and the only proper course is...

Source-derived case information.

Citation
[1998] UGCA 59
Parties
Appellant: Charles Mayambala; Respondent: Uganda Commercial Bank
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Case Number
Civil Appeal No. 4/98
Procedural Posture
Civil Appeal / Appeal Struck Off
Outcome
appeal_struck_off
Judges
Okello, JA, Berko, JA, Engwau, JA
Legal Topics
Record of Appeal, Dismissal of Appeal, Costs Orders
Source Language
en
Civil Procedure Record of Appeal Dismissal of Appeal Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles Mayambala

Appellant

Uganda Commercial Bank

Respondent

Procedural Posture

Civil Appeal / Appeal Struck Off

Legal Issues

  1. 1 Whether there is a valid appeal before the court in the absence of a record of appeal filed by the appellant.
  2. 2 Whether the appeal should be struck off for want of prosecution.

Ratio Decidendi

The Court of Appeal found that since the appellant had disowned the record of appeal filed by his dismissed lawyers and had not filed a new record of appeal, there was no valid appeal pending before the court. In such circumstances, the court has no jurisdiction to entertain the matter, and the only proper course is to strike off the appeal. The absence of a record of appeal is fatal to the continuation of appellate proceedings, and the court cannot proceed in the absence of the essential procedural document. Accordingly, Civil Appeal No. 4 of 1998 was struck off the cause list.

Court Disposition

appeal_struck_off

Orders

  • Civil Appeal No. 4 of 1998 is struck off.
  • No order as to costs.