[2021] UGCA 96
The court granted the extension of time for filing the application because the respondent conceded to the applicant's request, and there was no opposition to the prayer. The application was deemed to have been filed within time and was validated accordingly. The court exercised its discretion under Rule 2(2) of the...
Source-derived case information.
- Citation
- [2021] UGCA 96
- Parties
- Applicant: Kasangaki Diana; Respondent: Fulgensia Tumwesigye
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 265 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Certificate of Public Importance
- Outcome
- application for extension of time granted; application deemed filed within time and validated
- Judges
- Monica K. Mugenyi, JA, Madrama, JA, Mulyagonja, JA
- Legal Topics
- Extension of Time, Certificate of Public Importance, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kasangaki Diana
Applicant
Fulgensia Tumwesigye
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Certificate of Public Importance
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file the application.
- 2 Whether the intended appeal raises a matter of law of great public or general importance.
Ratio Decidendi
The court granted the extension of time for filing the application because the respondent conceded to the applicant's request, and there was no opposition to the prayer. The application was deemed to have been filed within time and was validated accordingly. The court exercised its discretion under Rule 2(2) of the Court of Appeal Rules, considering the absence of objection and the interests of justice.
Court Disposition
application for extension of time granted; application deemed filed within time and validated
Orders
- Extension of time for filing Civil Application No. 256 of 2020 is granted.
- The application is deemed to have been filed within time and is validated.
Full Case Text
Judgment text and source record
18 paragraphs
### THE REPUBLIC OF UGANDA
### IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
# **CIVIL APPLICATION NO. 265 OF 2020**
#### (ARISING FROM CIVIL APPEAL NO. 195 OF 2013)
KASANGAKI DIANA :::::::::::::::::::::::::::::::::::
#### **VERSUS**
FULGENSIA TUMWESIGYE \*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*
# **RULING OF THE COURT**
This is an Application brought Under section 6(2) of the Judicature Act, Rules 39 (1) of the Supreme Court Rules and 43 of the court of Appeal Rules.
The Application seeks a Certificate that the Applicant's intended Appeal in respect of this Court's decision in Civil Appeal No. 195 of 2013 raises a matter of law of great public or general importance.
When the matter came up for hearing learned counsel for the Respondent conceded opposite Party's prayer for the extension of time within which the Application may be lodged.
In the result, this Court does hereby grant an extension of time in respect of the filing of Civil Application No. 256 of 2020 under Rule 2 (2) of the Court's Rules of Procedure.
The said Application is deemed to have been filed within time and is hereby duly validated.
Costs shall be in the cause.
Dated at Kampala this 14<sup>th</sup> day of September 2021.
HON. JUSTICE CHRISTOPHER MADRAMA, JA
HON. LADY JUSTICE IRENE MULYAGONJA. JA
HON. LADY JUSTICE MONICA K. MUGENYI, JA