[1937] EACA 23

[1937] EACA 23

The court found that the delay in issuing the certified copy of the decree was due to procedural requirements, including taxation of costs and taking of accounts, which were not attributable to any fault of the appellant. The respondent failed to provide any evidence that the delay was caused by the appellant. The court held that, in such circumstances, the appellant is justified in seeking leave to appeal out of time. The exclusion of time for obtaining the decree under Rule 8 does not grant an automatic right to appeal out of time; leave must be sought and may be granted where the delay is not the appellant's fault. The court concluded that the appellant should be granted leave to...

Citation
[1937] EACA 23
Parties
Appellant: Abdulla Shariff; Respondent: Kampala General Agency Ltd.
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
C.A. 38/ 1933.
Procedural Posture
Civil Appeal / Application for Leave to Appeal Out of Time
Outcome
leave to appeal out of time granted; appeal to be set down for hearing
Judges
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
Legal Topics
Appeal Out of Time, Computation of Limitation Period, Delay in Certified Copy, Preliminary Decree Practice
Source Language
English
Civil Procedure Appeal Out of Time Computation of Limitation Period Delay in Certified Copy Preliminary Decree Practice

Case Brief

Summary, issues, holding and outcome

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Parties

Abdulla Shariff

Appellant

Kampala General Agency Ltd.

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the time taken to obtain a certified copy of the decree should be excluded in computing the limitation period for filing an appeal.
  2. 2 Whether the appellant is entitled to leave to appeal out of time due to delay in issuance of the decree not attributable to him.

Ratio Decidendi

The court found that the delay in issuing the certified copy of the decree was due to procedural requirements, including taxation of costs and taking of accounts, which were not attributable to any fault of the appellant. The respondent failed to provide any evidence that the delay was caused by the appellant. The court held that, in such circumstances, the appellant is justified in seeking leave to appeal out of time. The exclusion of time for obtaining the decree under Rule 8 does not grant an automatic right to appeal out of time; leave must be sought and may be granted where the delay is not the appellant's fault. The court concluded that the appellant should be granted leave to...

Court Disposition

leave to appeal out of time granted; appeal to be set down for hearing

Orders

  • Leave is granted to the appellant to appeal out of time.
  • The appeal is to be set down for hearing at the next sessions.