[2020] UGHC 32
The court held that the Registrar acted without jurisdiction in entertaining and granting leave to appeal out of time. This power is exclusively vested in a Judge. As a result, all orders made by the Registrar in this regard are null and void. The appeal was allowed, and the Registrar's orders were set aside. Costs...
Source-derived case information.
- Citation
- [2020] UGHC 32
- Parties
- Appellant: Elizabeth Nakasinde & 2 Others; Respondent: The Management Committee of St. Kizito Primary School & 2 Others
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 8 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- Gadenya, J
- Legal Topics
- Leave to Appeal Out of Time, Powers of Registrar, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Nakasinde & 2 Others
Appellant
The Management Committee of St. Kizito Primary School & 2 Others
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether a Registrar has the power to entertain an application for leave to appeal out of time.
- 2 Whether the orders made by the Registrar are valid.
Ratio Decidendi
The court held that the Registrar acted without jurisdiction in entertaining and granting leave to appeal out of time. This power is exclusively vested in a Judge. As a result, all orders made by the Registrar in this regard are null and void. The appeal was allowed, and the Registrar's orders were set aside. Costs were awarded to the appellants at 50%, considering the error originated from the Registrar.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- All orders made by the Registrar are set aside as nullities.
Full Case Text
Judgment text and source record
8 paragraphs
## I • **REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT MASINDI CIVIL APPEAL NO. 0008 OF 2019 ELIZABETH NAKASINDE** & **2 OTHERS** : : : : : : : : : : : : : : : : **APPELLANTS VERSUS THE MANAGEMENT COMMITTEE OF ST. KIZITO PRIMARY**
**SCHOOL** & **2 OTHERS** ................................ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · **RESPONDENTS**
## **JUDGMENT BY GADENYA PAUL WOLIMBW A** - **JUDGE**
By consent of both parties following the guidance of the court, it is the decision of the court that a Registrar has no powers to entertain an application for leave to appeal out of time. This power belongs to the Judge.
Consequently all the orders made by the Registrar are a nullity and of no consequence. I accordingly allow the appeal.
The Appellants will have 50% of the costs since the error was largely made by the Registrar.
In conclusion, I allow the appeal and set aside all the orders of the Registrar. The Appellants will have 50% of the costs. It is so ordered.
**GADENYA PAUL WOLIMBW A JUDGE 05/02/2020**