[2019] UGHCCD 135

[2019] UGHCCD 135

The court found that the applicant failed to demonstrate sufficient cause for non-appearance and for failure to file the memorandum of appeal within the prescribed 30-day period. The appeal was not properly initiated, as it was commenced by a Notice of Appeal rather than a Memorandum of Appeal as required by the Civil Procedure Rules. The applicant did not apply for an extension of time nor provide satisfactory reasons for the delay. The court held that taking a wrong procedural step or relying on an incorrect legal strategy does not constitute sufficient cause to warrant reinstatement. As such, the application to reinstate the dismissed appeal was incompetent and could not succeed.

Citation
[2019] UGHCCD 135
Parties
Applicant: Commissioner Customs, Uganda Revenue Authority; Respondent: Sentongo Robert
Court
HC: Civil Division (Uganda)
Jurisdiction
Uganda
Judgment Date
5 July 2019
Case Number
Miscellaneous Application 175 0f 2018
Procedural Posture
Miscellaneous Application / Ruling on Application to Reinstate Dismissed Civil Appeal
Outcome
application dismissed with costs
Judges
Musa Ssekaana, J
Legal Topics
Reinstatement of Appeal, Appeal Timelines, Sufficient Cause, Dismissal for Nonappearance
Source Language
English
Civil Procedure Commercial and Corporate Reinstatement of Appeal Appeal Timelines Sufficient Cause Dismissal for Nonappearance

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner Customs, Uganda Revenue Authority

Applicant

Sentongo Robert

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Reinstate Dismissed Civil Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for non-appearance and failure to prosecute the appeal within the prescribed time.
  2. 2 Whether the appeal was properly initiated in accordance with the Civil Procedure Rules.
  3. 3 Whether the applicant is entitled to reinstatement of the dismissed appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate sufficient cause for non-appearance and for failure to file the memorandum of appeal within the prescribed 30-day period. The appeal was not properly initiated, as it was commenced by a Notice of Appeal rather than a Memorandum of Appeal as required by the Civil Procedure Rules. The applicant did not apply for an extension of time nor provide satisfactory reasons for the delay. The court held that taking a wrong procedural step or relying on an incorrect legal strategy does not constitute sufficient cause to warrant reinstatement. As such, the application to reinstate the dismissed appeal was incompetent and could not succeed.

Court Disposition

application dismissed with costs

Orders

  • The application to reinstate Civil Appeal No. 125 of 2016 is dismissed.
  • Costs are awarded to the respondent.