[2013] UGHCCD 98

[2013] UGHCCD 98

The appeal was filed within the statutory period because the computation of time for lodging an appeal excludes the period required to obtain the lower court's proceedings. The appellant applied for the record, received it on 7/5/2007, and filed the appeal on 10/5/2007, thus complying with Section 33(2) of the Local Council Courts Act. The Chief Magistrate misdirected himself by interpreting Section 33(3) to allow for service of a memorandum of appeal before obtaining the proceedings, which is incorrect. The memorandum of appeal can only be filed after the proceedings are obtained, and only then can notice be served on the respondent. Striking out the appeal on grounds of limitation was a...

Citation
[2013] UGHCCD 98
Parties
Appellant: Rev. Rwakifari; Respondent: Joy Kateteyi
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
22 July 2013
Case Number
HCT-05-CV-CA-26/2009
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Appeal Time Limitation, Local Council Court Procedure, Miscarriage of Justice, Service of Memorandum of Appeal
Source Language
English
Civil Procedure Land and Property Appeal Time Limitation Local Council Court Procedure Miscarriage of Justice Service of Memorandum of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Rev. Rwakifari

Appellant

Joy Kateteyi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal was filed within the statutory period prescribed under Section 33(2) of the Local Council Courts Act.
  2. 2 Whether the Chief Magistrate erred in interpreting Section 33(3) of the Local Council Courts Act regarding service of memorandum of appeal.
  3. 3 Whether striking out the appeal occasioned a gross miscarriage of justice to the appellant.

Ratio Decidendi

The appeal was filed within the statutory period because the computation of time for lodging an appeal excludes the period required to obtain the lower court's proceedings. The appellant applied for the record, received it on 7/5/2007, and filed the appeal on 10/5/2007, thus complying with Section 33(2) of the Local Council Courts Act. The Chief Magistrate misdirected himself by interpreting Section 33(3) to allow for service of a memorandum of appeal before obtaining the proceedings, which is incorrect. The memorandum of appeal can only be filed after the proceedings are obtained, and only then can notice be served on the respondent. Striking out the appeal on grounds of limitation was a...

Court Disposition

appeal allowed

Orders

  • Appeal No. MBR–00–CV–CA–0005–2007 is to be set down for hearing before the Chief Magistrate’s Court at Mbarara.
  • The appellant is awarded costs of this appeal.