[2009] UGSC 30

[2009] UGSC 30

The Supreme Court held that the respondent's failure to serve copies of the notice of appeal on all persons directly affected by the appeal, specifically its co-defendants, constituted a failure to take an essential step in the appeal process and a violation of rule 74(1) of the Supreme Court Rules. The rule is...

Source-derived case information.

Citation
[2009] UGSC 30
Parties
Applicant: Edward Rurangaranga; Applicant: Mbarara Municipal Council; Respondent: Horizon Coaches Ltd
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 August 2009
Procedural Posture
Miscellaneous Application / Application to Strike Out Notice of Appeal
Outcome
application allowed; notice of appeal struck out
Judges
Odoki, CJ
Legal Topics
Service of Process, Notice of Appeal, Affected Parties, Essential Steps in Appeal, Court of Appeal Procedure
Source Language
english
Civil Procedure Land and Property Service of Process Notice of Appeal Affected Parties Essential Steps in Appeal Court of Appeal Procedure

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Parties

Edward Rurangaranga

Applicant

Mbarara Municipal Council

Applicant

Horizon Coaches Ltd

Respondent

Procedural Posture

Miscellaneous Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether failure to serve the notice of appeal on all persons directly affected by the appeal constitutes failure to take an essential step in the appeal process.
  2. 2 Whether the respondent was required to serve its co-defendants with the notice of appeal under rule 74(1) of the Supreme Court Rules.
  3. 3 Whether the principle in Ahmed Bin Ahmed Kassim Kusais applies to the instant case.

Ratio Decidendi

The Supreme Court held that the respondent's failure to serve copies of the notice of appeal on all persons directly affected by the appeal, specifically its co-defendants, constituted a failure to take an essential step in the appeal process and a violation of rule 74(1) of the Supreme Court Rules. The rule is mandatory, and unless the court directs otherwise, all directly affected parties must be served. The respondent did not seek or obtain such direction from the court. The fact that the co-defendants did not participate in the Court of Appeal proceedings did not exempt the respondent from the service requirement. The principle in Ahmed Bin Ahmed Kassim Kusais was found not to be...

Court Disposition

application allowed; notice of appeal struck out

Orders

  • The notice of appeal lodged by the respondent on 14-08-2008 is struck out.
  • The respondent shall pay the applicants' costs of this application.