[2025] UGHCLD 85

[2025] UGHCLD 85

The High Court lacks jurisdiction to extend or validate time for filing an application for leave to appeal to the Court of Appeal. Section 79(2) of the Civil Procedure Act applies only to appeals, not to applications for leave to appeal. The relevant law is Rule 40(2)(a) of the Judicature (Court of Appeal Rules)...

Source-derived case information.

Citation
[2025] UGHCLD 85
Parties
Applicant: Ssebina David; Applicant: Moses Wadimba Ssentongo Ddiba; Applicant: Nakaye Jennifer; Applicant: Nantongo Ereesi; Applicant: Ssekitooleko Geoffrey Kabaale; Respondent: Pearl Development Group Ltd; Respondent: H. H The Kabaka of Buganda; Respondent: Buganda Land Board Ltd; Respondent: Mastula Mulondo
Court
HC: Land Division (Uganda)
Jurisdiction
Uganda
Judgment Date
10 June 2025
Case Number
Misc.Application No. 2079 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection Regarding Jurisdiction to Extend Time for Leave to Appeal
Outcome
application dismissed for want of jurisdiction
Judges
Nabakooza, J
Legal Topics
Extension of Time, Leave to Appeal, Jurisdiction of High Court, Court of Appeal Rules
Source Language
english
Civil Procedure Land and Property Extension of Time Leave to Appeal Jurisdiction of High Court Court of Appeal Rules

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Parties

Ssebina David

Applicant

Moses Wadimba Ssentongo Ddiba

Applicant

Nakaye Jennifer

Applicant

Nantongo Ereesi

Applicant

Ssekitooleko Geoffrey Kabaale

Applicant

Pearl Development Group Ltd

Respondent

H. H The Kabaka of Buganda

Respondent

Buganda Land Board Ltd

Respondent

Mastula Mulondo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection Regarding Jurisdiction to Extend Time for Leave to Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend or validate time for filing an application for leave to appeal.
  2. 2 Whether the application for extension of time should be granted.

Ratio Decidendi

The High Court lacks jurisdiction to extend or validate time for filing an application for leave to appeal to the Court of Appeal. Section 79(2) of the Civil Procedure Act applies only to appeals, not to applications for leave to appeal. The relevant law is Rule 40(2)(a) of the Judicature (Court of Appeal Rules) Directions, which vests such jurisdiction exclusively in the Court of Appeal. The Applicants' reliance on Section 79(2) and general provisions of the Civil Procedure Act is misplaced, as specific rules under the Judicature Act govern the procedure for leave to appeal. Since the application for leave to appeal was not filed within the prescribed time and the High Court has no power...

Court Disposition

application dismissed for want of jurisdiction

Orders

  • The application is dismissed with costs.