[1994] UGSC 35
The Court held that the Registrar of the Supreme Court had no authority to dismiss an appeal, as such power is vested only in the Court itself. The purported dismissal by the Registrar was ultra vires and therefore set aside. As a result, the appeal was still pending, and the applicant could take the appropriate...
Source-derived case information.
- Citation
- [1994] UGSC 35
- Parties
- Applicant: Polycarp Sekiboobo; Respondent: Clare Oboi'tyo
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 31 of 1993
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time to File Appeal
- Outcome
- application dismissed with costs to the respondent
- Judges
- Manyindo, DCJ
- Legal Topics
- Extension of Time, Appeal Procedure, Powers of Registrar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Polycarp Sekiboobo
Applicant
Clare Oboi'tyo
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether the Registrar of the Supreme Court has the power to dismiss an appeal.
- 2 Whether the applicant is entitled to an extension of time to file a fresh memorandum and record of appeal.
Ratio Decidendi
The Court held that the Registrar of the Supreme Court had no authority to dismiss an appeal, as such power is vested only in the Court itself. The purported dismissal by the Registrar was ultra vires and therefore set aside. As a result, the appeal was still pending, and the applicant could take the appropriate procedural steps, such as withdrawing the appeal or pursuing other remedies. However, the application for extension of time was dismissed because the appeal had not been properly dismissed and thus there was no need for an extension. Costs were awarded to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The order of the Registrar purporting to dismiss the appeal is set aside.
- The application for extension of time is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
# IN THE SUPREKE COURT OF UGANDA
### AT MENGO
# CIVIL APPLICATION NO.31 OF 93
#### BET-TEEN
POLYCARP SEKIBOOBO APPLICANT
### AND
CLARE OBOI'TYO : : : : : :: :: : :::: RESPONDENT
# RULING OP MANYINDO, D. C. J:-
This is an application for an order extending the time within which to file a fresh Memorandum and record appeal. It is brought under Rule^of the Rules of this Court. The applicant was the unsuccessful party in a civil suit in the High Court. He appealed to this Court through Ms. Katongle & Co. Advocates. The latter filed a defective record of appeal in that it did not contain orders appealed against. It wis also an omnibus appeal as it Judges separately. attacked an order of the Deputy Registrar of the High Court as well as two other orders made by two
Realising the mistake, the Cdunsel for the applicant sought to withdraw the appeal but the move was resisted by Counsel for the Respondent. Subsequently, the Registrar of the Supreme Court closed the file with this endorsement
> "The appeal stands dismissed with costs under Rule 93(^5• "
The applicant prompty dropped Ms Katongole & Co. Advocates and instructed his present Advocates
Mb. Katureebe, Twincmukunzi & Co., Advocates to bring the present application. Their argument is that since the appeal was never heard on its merits it can be resurrected or reinstated with the proper record and Memorandum of appeal. On the other hand Counsel for thi respondent submitted that the appeal cannot be reopened as it was dismissed.
<sup>J</sup> 2
I sip of the view that this application must fail but on a different ground. here is no provision enabling the registrar of this Court to dismiss an appeal. An order that an appeal stanch dismissed can only be made by the Court and the Registrar is not a member of this Court. It follows therefore that his order was ultra vires his powers, It must be vacated. It is set aside. 'This leaves the appeal still pending. The 'ounsel for the applicant may now take the next stepwithdraw appeal and then take other appropriate course of action.
In the result the application is dismissed with costs to the Respondent.
DATED at Mengo This day of , 1994
- S . T . MAHYINDO <sup>D</sup> KITTY CHI'? JURTICr. 12/7/1994
*i*
Mr. Babigumira for the applicant
absent Mr. Kadaga & Co., Advocates for Respondent though service effected
Ruling delivered. Court
12/7/1994 <sup>|</sup> T. OPBSEft' / AS1. ASS. <R3GiSTR.tR>.