[2014] UGHCLD 95
The court found that Civil Appeal No. 48 of 2010 was never properly filed because no memorandum of appeal was lodged as required by Order 43 Rule 1 (1) of the Civil Procedure Rules. Furthermore, the existence of an earlier appeal on the same subject matter and between the same parties in the Nakawa High Court...
Source-derived case information.
- Citation
- [2014] UGHCLD 95
- Parties
- Appellant: Hajati Masitula Nalubowa; Respondent: Swaibu Nsamba
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 48 of 2008
- Procedural Posture
- Civil Appeal / Ruling on Redundancy and Dismissal of Appeal
- Outcome
- appeal dismissed as redundant and improperly filed
- Judges
- Luswata, J
- Legal Topics
- Appeal Procedure, Memorandum of Appeal, Redundant Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hajati Masitula Nalubowa
Appellant
Swaibu Nsamba
Respondent
Procedural Posture
Civil Appeal / Ruling on Redundancy and Dismissal of Appeal
Legal Issues
- 1 Whether Civil Appeal No. 48 of 2010 was properly filed before the High Court of Uganda at Kampala.
- 2 Whether the existence of an earlier appeal in Nakawa High Court Circuit renders the present appeal redundant.
- 3 Whether the absence of a memorandum of appeal invalidates the proceedings in Civil Appeal No. 48 of 2010.
Ratio Decidendi
The court found that Civil Appeal No. 48 of 2010 was never properly filed because no memorandum of appeal was lodged as required by Order 43 Rule 1 (1) of the Civil Procedure Rules. Furthermore, the existence of an earlier appeal on the same subject matter and between the same parties in the Nakawa High Court Circuit rendered the present appeal redundant. As a result, the court held that Civil Appeal No. 48 of 2010 is redundant, improperly before the court, and must be dismissed. The file is to be closed accordingly.
Court Disposition
appeal dismissed as redundant and improperly filed
Orders
- Civil Appeal No. 48 of 2010 is dismissed as redundant and improperly filed.
- The file is to be closed.
Full Case Text
Judgment text and source record
17 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**(LAND DIVISION)**
**CIVIL APPEAL NO. 48 OF 2008**
**HAJATI MASITULA NALUBOWA ………………………………………… APPELLANT**
**VERSUS**
**SWAIBU NSAMBA ………………………………………………………………. RESPONDENT**
**RULING**
**BEFORE HONOURABLE LADY JUSTICE EVA K. LUSWATA**
In the previous hearings of this court it transpired that the present appeal is one and the same in terms of subject matter and parties as that filed in Nakawa High Court circuit as Civil appeal No.36/2007. This was confirmed by both parties and documents retrieved from the Nakawa High Court. Counsel for the appellant did indicate that he intended to pursue the appeal in Nakawa by applying for its lreinstatement. Clearly, therefore, this appeal now becomes redundant. However, I did mention at the last hearing of 26/2/04 that I would pronounce myself on this appeal after proper investigations at the court Registry.
On 17/3/14, the registrar of this court confirmed to me that according to the records at the registry, C/a No. 48 of 2010 (**Mastula Nalubowa Vs Swaibu Nsamba**) was filed in this court on 13/10/10. It has been heard by Hon Justice Anna M. J. Hon. Percy N. Tuhaise and I . That according to the CCASS system it last came up for hearing on 26/2/14. Much of the above facts are supported, save for the fact that I was unable to see any of the proceedings involving my sister Judges. Significantly also, is the absence of any memorandum of appeal ever being filed in this court in respect of C/A No.48 of 2010.
According to Order 43 Rule 1 (1), an appeal to the High Court is commenced by the intended appellant lodging a memorandum of appeal with the court. No such memorandum exists on this record with respect to C/A No. 48 of 2010. Although the CCASS record shows that the appeal was filed in this court on 12/10/10, it is redundant since there was an earlier appeal filed in the Nakawa High Court Circuit on 18/10/07, which took precedence as being filed first in time. Also, as I have said, there is no memorandum of appeal.
For the above reasons, I find that C/A 48 of 2010 has never been properly filed in this court. It is redundant and cannot remain on the record. It is accordingly dismissed and I direct that the file be closed.
I so order.
**EVA K. LUSWATA**
**JUDGE**
**25/3/14**