[2000] UGCA 56

[2000] UGCA 56

The court found that although the applicants' counsel was negligent in misplacing the Record of Proceedings, the applicants themselves were not guilty of any dilatory conduct. After discovering the mistake, counsel acted with reasonable diligence in seeking a new record and filing the application for extension. The...

Source-derived case information.

Citation
[2000] UGCA 56
Parties
Applicant: Willy Walube; Applicant: Michael Okwalinga; Respondent: Francis Nyende; Respondent: Livingstone Nyanzi
Court
Court of Appeal of Uganda
Jurisdiction
Uganda
Judgment Date
30 November 2000
Case Number
Civil Application No. 23 of 2000
Procedural Posture
Miscellaneous Application / Application for Extension of Time to File Memorandum of Appeal
Outcome
application granted
Judges
Twinomujuni, JA
Legal Topics
Extension of Time, Memorandum of Appeal, Mistake of Counsel, Dilatory Conduct, Court Discretion
Source Language
english
Civil Procedure Extension of Time Memorandum of Appeal Mistake of Counsel Dilatory Conduct Court Discretion

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Parties

Willy Walube

Applicant

Michael Okwalinga

Applicant

Francis Nyende

Respondent

Livingstone Nyanzi

Respondent

Procedural Posture

Miscellaneous Application / Application for Extension of Time to File Memorandum of Appeal

Legal Issues

  1. 1 Whether sufficient reason has been shown to justify extension of time to file a Memorandum of Appeal.
  2. 2 Whether the negligence of counsel should be visited on the applicants.
  3. 3 Whether the applicants acted with due diligence after discovering the loss of the Record of Proceedings.

Ratio Decidendi

The court found that although the applicants' counsel was negligent in misplacing the Record of Proceedings, the applicants themselves were not guilty of any dilatory conduct. After discovering the mistake, counsel acted with reasonable diligence in seeking a new record and filing the application for extension. The court held that sufficient reason had been established to justify the exercise of discretion in favour of the applicants. The principle that mistakes of counsel should not be visited on the client was applied, and the applicants were granted seven days to file the Memorandum and Record of Appeal. Costs were ordered to be in the cause.

Court Disposition

application granted

Orders

  • Applicants are given seven (7) days to file the Memorandum and Record of Appeal.
  • Costs of the application will be in the cause.