[1999] UGCA 76
The Court found that the notice of appeal was served outside the prescribed seven-day period mandated by Rule 77(1) of the Court of Appeal Rules, and no extension of time was sought or granted. The procedural requirement for timely service is mandatory, and non-compliance renders the notice and the appeal liable to...
Source-derived case information.
- Citation
- [1999] UGCA 76
- Parties
- Applicant: Dr. Bwogi Kanyerezi; Respondent: The Management Committee of Rubaga Girls' School
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application No. 12 of 1999
- Procedural Posture
- Civil Application / Ruling
- Outcome
- application_succeeded
- Judges
- Okello, JA, Berko, JA, Kitumba, JA
- Legal Topics
- Service of Process, Notice of Appeal, Time Limits, Striking Out Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Bwogi Kanyerezi
Applicant
The Management Committee of Rubaga Girls' School
Respondent
Procedural Posture
Civil Application / Ruling
Legal Issues
- 1 Whether the notice of appeal was served within the prescribed time under Rule 77(1) of the Court of Appeal Rules.
- 2 Whether failure to serve the notice of appeal within the prescribed time warrants striking out the notice and the appeal.
Ratio Decidendi
The Court found that the notice of appeal was served outside the prescribed seven-day period mandated by Rule 77(1) of the Court of Appeal Rules, and no extension of time was sought or granted. The procedural requirement for timely service is mandatory, and non-compliance renders the notice and the appeal liable to be struck out. The application to strike out the notice of appeal and the appeal was therefore granted, with costs awarded to the applicant/respondent.
Court Disposition
application_succeeded
Orders
- The notice of appeal and the appeal are struck out.
- Costs awarded to the applicant/respondent.
Full Case Text
Judgment text and source record
15 paragraphs
# THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
### CIVIL APPLICATION NO. 12 OF 1999
#### CORAM: HON. MR. JUSTICE G. M. OKELLO, J. A. HON. MR. JUSTICE J. P. BERKO, J. A. HON. LADY JUSTICE C. N. B. KITUMBA, J. A.
DR. BWOGI KANYEREZI................................... ......................................
### **VERSUS**
THE MANAGEMENT COMMITTEE OF RUBAGA GIRLS' SCHOOL.. RESPONDENT
## RULING OF THE COURT:
This is an application to strike out the notice of appeal and the appeal on the grounds that the respondent/applicant has not been served with the notice of appeal within the prescribed time according to R. 77(1) of the Rules of this Court.
In the affidavit in support of the application, the notice of appeal was lodged in court on 20<sup>th</sup> February, 1998, and therefore the last date on which service ought to have been effected should have been on 27<sup>th</sup> of February 1998. From the affidavit in reply service was effected on $3^{rd}$ March 1998. That was clearly outside the prescribed time of seven days within which service ought to have been effected. Since there has been no extension of time, we agree that the notice of appeal was served to respondent/applicant out of time.
The application accordingly succeeds, with costs in favour of the applicant/respondent.
Dated at Kampala this 24<sup>th</sup> day of May, 1999.
G. M. Okello Justice of Appeal.
J. P. Berko Justice of Appeal. NB. CIT
C. N. B. Kitumba Justice of Appeal.
