[1994] UGSC 2

[1994] UGSC 2

The application for extension of time to file a fresh memorandum and record of appeal must fail because the Registrar of the Supreme Court acted ultra vires in dismissing the appeal; only the Court itself has the authority to dismiss an appeal. The Registrar's order of dismissal is vacated and set aside, leaving the appeal technically still pending. The applicant is advised to withdraw the appeal and pursue other appropriate remedies. The application is dismissed with costs to the respondent.

Citation
[1994] UGSC 2
Parties
Applicant: Polycarp Sekiboobo; Respondent: Clare Obonyo
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
12 July 1994
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Appeal Dismissal, Powers of Registrar
Source Language
English
Civil Procedure Extension of Time Appeal Dismissal Powers of Registrar

Case Brief

Summary, issues, holding and outcome

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Parties

Polycarp Sekiboobo

Applicant

Clare Obonyo

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to an extension of time to file a fresh memorandum and record of appeal.
  2. 2 Whether the Registrar of the Supreme Court had the authority to dismiss the appeal.
  3. 3 Whether the appeal can be reinstated or resurrected after being dismissed by the Registrar.

Ratio Decidendi

The application for extension of time to file a fresh memorandum and record of appeal must fail because the Registrar of the Supreme Court acted ultra vires in dismissing the appeal; only the Court itself has the authority to dismiss an appeal. The Registrar's order of dismissal is vacated and set aside, leaving the appeal technically still pending. The applicant is advised to withdraw the appeal and pursue other appropriate remedies. The application is dismissed with costs to the respondent.

Court Disposition

application dismissed with costs

Orders

  • The Registrar's order dismissing the appeal is vacated and set aside.
  • The application for extension of time is dismissed with costs to the respondent.