[2023] UGHCCD 235

[2023] UGHCCD 235

The court found that the respondent requested certified copies of the proceedings within the statutory thirty-day period following judgment. The delay in filing the memorandum of appeal was caused by the court's inability to provide the record of proceedings, not by any fault of the respondent. Section 79(2) of the Civil Procedure Act expressly excludes from the limitation period the time taken by the court to prepare and provide the record. The respondent received the record on 3rd March 2023, and the memorandum of appeal was filed promptly thereafter. Therefore, the appeal was not filed out of time, and the application to strike out or dismiss the memorandum of appeal was disallowed....

Citation
[2023] UGHCCD 235
Parties
Applicant: Mary Ebinu; Respondent: Patrick Ejumu
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
12 July 2023
Case Number
Miscellaneous Application 166 of 2023
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_disallowed
Judges
Adonyo, J
Legal Topics
Appeal Limitation Period, Exclusion of Time for Record Preparation, Memorandum of Appeal Requirements, Land Claim Appeal, Affidavit Validity
Source Language
English
Civil Procedure Land and Property Appeal Limitation Period Exclusion of Time for Record Preparation Memorandum of Appeal Requirements Land Claim Appeal Affidavit Validity

Case Brief

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Parties

Mary Ebinu

Applicant

Patrick Ejumu

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the memorandum of appeal filed by the respondent in Civil Appeal No. 38 of 2022 should be struck out and/or dismissed for being filed out of time.
  2. 2 What remedies are available to the applicant.

Ratio Decidendi

The court found that the respondent requested certified copies of the proceedings within the statutory thirty-day period following judgment. The delay in filing the memorandum of appeal was caused by the court's inability to provide the record of proceedings, not by any fault of the respondent. Section 79(2) of the Civil Procedure Act expressly excludes from the limitation period the time taken by the court to prepare and provide the record. The respondent received the record on 3rd March 2023, and the memorandum of appeal was filed promptly thereafter. Therefore, the appeal was not filed out of time, and the application to strike out or dismiss the memorandum of appeal was disallowed....

Court Disposition

application_disallowed

Orders

  • The application is disallowed.
  • Costs shall be in the cause.