[2025] UGHCLD 117
The appeal was dismissed because it was filed out of time and without leave of court, as required by Section 17(2) of the Judicature Act. The absence of both parties and lack of explanation for non-attendance further justified dismissal. The court found that the procedural requirements for lodging an appeal were not...
Source-derived case information.
- Citation
- [2025] UGHCLD 117
- Parties
- Appellant: Namuddu Joyce; Respondent: Nakintu Prossy
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 47 of 2024
- Procedural Posture
- Civil Appeal / Ruling
- Outcome
- appeal dismissed
- Judges
- Nassuna Matovu, J
- Legal Topics
- Appeal Out of Time, Leave of Court, Dismissal for Non Attendance, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Namuddu Joyce
Appellant
Nakintu Prossy
Respondent
Procedural Posture
Civil Appeal / Ruling
Legal Issues
- 1 Whether the appeal was properly before the court given the time of filing.
- 2 Whether leave of court was required and obtained to file the appeal out of time.
- 3 Whether non-attendance by parties affected the proceedings.
Ratio Decidendi
The appeal was dismissed because it was filed out of time and without leave of court, as required by Section 17(2) of the Judicature Act. The absence of both parties and lack of explanation for non-attendance further justified dismissal. The court found that the procedural requirements for lodging an appeal were not met, rendering the appeal incompetent.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed under Section 17(2) of the Judicature Act.
Full Case Text
Judgment text and source record
7 paragraphs
## **THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) CIVIL APPEAL NO. 47 OF 2024 (ARISING FROM MISC. APPLN. NO. 71 OF 2023( (ALL ARISING FROM CIVIL SUIT NO. 02 OF 2023) NAMUDDU JOYCE :::::::::::::::::::::::::::::::::::::: APPELLANT VERSUS NAKINTU PROSSY ::::::::::::::::::::::::::::::::::::::::: RESPONDENT**
## **BEFORE: HON. LADY JUSTICE FLAVIA NASSUNA MATOVU RULING:**
## **Date: 2/7/2025 at 10:30a.m.**
Appeal was fixed for today and hearing date communicated to the parties via ECCMIS. The parties are not in court and no reason has been given for their non-attendance.
Secondly, perusal of the record shows that the decision against which this appeal was lodged was passed on 8/11/2023 and the appeal was lodged on 9/5/2024. The appellant did not seek leave of court to file appeal out of time. The said appeal is therefore not proper before court because it was filed out of time and without leave of court.
For all those reasons this appeal is accordingly hereby dismissed under S.17(2) of Judicature Act.
**JUDGE.**