[1935] EACA 19

[1935] EACA 19

The Court held that section 65(2) of the Civil Procedure Ordinance requires every appeal from a Subordinate Court to the Supreme Court to be filed within thirty days from the date of the decree or order appealed against, and that this provision prevails over any conflicting provisions of the Indian Limitation Act, including section 12. The words 'notwithstanding anything contained' are broad and exclude the application of the Indian Limitation Act in its entirety to such appeals. The time for filing an appeal cannot be extended by excluding the period taken to obtain a certified copy of the decree. Furthermore, an application for a copy of the decree is only considered made when received...

Citation
[1935] EACA 19
Parties
Appellant: B. D. Shahi; Respondent: The Krishna Stores
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1935
Case Number
C.A. 26/1934.
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Kenya to Court of Appeal for Eastern Africa
Outcome
appeal allowed; judgment of Magistrate restored
Judges
Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Webb, J
Legal Topics
Limitation Periods, Appeals From Subordinate Courts, Computation of Time, Conflict of Laws
Source Language
English
Civil Procedure Limitation Periods Appeals From Subordinate Courts Computation of Time Conflict of Laws

Case Brief

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Parties

B. D. Shahi

Appellant

The Krishna Stores

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Kenya to Court of Appeal for Eastern Africa

Legal Issues

  1. 1 Whether the appeal from the Subordinate Court to the Supreme Court was filed within the statutory period of limitation.
  2. 2 Whether section 12 of the Indian Limitation Act applies to extend the time for filing appeals under section 65(2) of the Civil Procedure Ordinance.
  3. 3 Whether the application for a certified copy of the decree is deemed made when posted or when received by the court.

Ratio Decidendi

The Court held that section 65(2) of the Civil Procedure Ordinance requires every appeal from a Subordinate Court to the Supreme Court to be filed within thirty days from the date of the decree or order appealed against, and that this provision prevails over any conflicting provisions of the Indian Limitation Act, including section 12. The words 'notwithstanding anything contained' are broad and exclude the application of the Indian Limitation Act in its entirety to such appeals. The time for filing an appeal cannot be extended by excluding the period taken to obtain a certified copy of the decree. Furthermore, an application for a copy of the decree is only considered made when received...

Court Disposition

appeal allowed; judgment of Magistrate restored

Orders

  • The appeal is allowed with costs in this Court and in the Supreme Court.
  • The judgment of the Magistrate is restored.