[1995] UGSC 30
The court found that the applicant had provided a credible explanation for the delay in lodging the notice of appeal, specifically that the date for delivery of judgment had not been fixed when he left for overseas leave. The court was satisfied that sufficient reason had been shown for the failure to lodge the...
Source-derived case information.
- Citation
- [1995] UGSC 30
- Parties
- Applicant: William Pike; Respondent: Rhoda Kalema
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 6 of 1995
- Procedural Posture
- Civil Application / Application for Extension of Time
- Outcome
- application granted
- Judges
- Tsekooko, JSC
- Legal Topics
- Extension of Time, Notice of Appeal, 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
William Pike
Applicant
Rhoda Kalema
Respondent
Procedural Posture
Civil Application / Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient reason for extension of time to lodge a notice of appeal.
- 2 Whether the delay in lodging the notice of appeal was justified.
Ratio Decidendi
The court found that the applicant had provided a credible explanation for the delay in lodging the notice of appeal, specifically that the date for delivery of judgment had not been fixed when he left for overseas leave. The court was satisfied that sufficient reason had been shown for the failure to lodge the notice of appeal within the prescribed time. Consequently, the application for extension of time was granted, allowing the applicant to file the notice of appeal and the record of appeal within the specified periods.
Court Disposition
application granted
Orders
- The applicant must lodge his notice of appeal against the award of damages within seven (7) days from the date hereof and serve a copy thereof to the opposite party.
- The applicant must lodge the record of appeal within fourteen (14) days from the date of lodging the notice of appeal.
Full Case Text
Judgment text and source record
23 paragraphs
SHE REPUBLIC OF UGANDA
IN THS SUPREME COURT OF UGANDA
## AT MUNGO
(CORUM: J. W. N. TSEKOOKO J. S. C.)
CIVIL APPLICATION NO, 6 OF 1995
# BETWEEN
WILLIAM PIKE APPLICANT
# AND
RHODA KALEMA RESPONDENT
(Appeal from the decision of the High Court of Uganda at Kampala (Katutsi Ag. J.) dated 14/6/1994)
#### I N
### HIGH COURT CIVIL SUIT NO, 64 OF 1993
#### RULING:
The applicant brought this application under Rules 1(3), 4 and 42 of the Rules of the Court that the time within which to lodge Notice of Appeal should be extended.
Professor Edward Fredrick Ssempebv/a sworn on the same The application is supported by the applicant's own affidavit sworn on *31/1/1995* and the affidavit of dat^.
..4/2.
to no end I have no reason to doubt him that "by the time the applicant proceeded on. his overseas leave the date for delivering the ji^dgment had not "been fixed\* Thia clearly speaks in his favour\*
On the facts presented before ne I an satisfied been shorn v±y the applicant did not lodge the notice of appeal in. time. Thio application therefore succeeds. that sufficient reason Las
from the date hereof and serve copy thereof to the opposite party. lodging the Notice of appeal. The /.pplicont must lodge the record of appeal v.ithin fourteen (14) fays iron the date of The applicant must lodge his notice of appeal against the av.ard of damages v.ithin seven (7) day's
Costs of this application shall abide the results of the appeal.
Dated at Kongo this **M** day of liay, '1995.
3