[2011] UGHC 25

[2011] UGHC 25

The High Court lacks jurisdiction to grant leave to appeal to the Court of Appeal in this matter because the intended appeal is a second appeal, which is a creature of statute under Section 72 of the Civil Procedure Act and does not require leave unless it is a third appeal under Section 73. The applicant failed to...

Source-derived case information.

Citation
[2011] UGHC 25
Parties
Applicant: Yonah Mukaga; Respondent: Bwire Otema
Court
High Court of Uganda
Jurisdiction
Uganda
Judgment Date
3 March 2011
Case Number
HCT-04-CV-MA-149-2008
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Merits
Outcome
application struck out with costs
Judges
Musota, J
Legal Topics
Leave to Appeal, Extension of Time, Notice of Appeal, Jurisdiction, Technicalities in Procedure
Source Language
english
Civil Procedure Leave to Appeal Extension of Time Notice of Appeal Jurisdiction Technicalities in Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Yonah Mukaga

Applicant

Bwire Otema

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection and Merits

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant leave to appeal to the Court of Appeal in this matter.
  2. 2 Whether the application for extension of time to file a notice of appeal is properly before the court.
  3. 3 Whether citing the wrong law or technical errors in the application are fatal to the application.

Ratio Decidendi

The High Court lacks jurisdiction to grant leave to appeal to the Court of Appeal in this matter because the intended appeal is a second appeal, which is a creature of statute under Section 72 of the Civil Procedure Act and does not require leave unless it is a third appeal under Section 73. The applicant failed to file a notice of appeal within the prescribed 14 days as required by the Judicature (Court of Appeal) Rules, and only the Court of Appeal has the power to extend time for filing a notice of appeal. The application was brought under the wrong legal provisions and in the wrong court. Technical errors in the application, such as citing the wrong law or seeking leave to appeal to...

Court Disposition

application struck out with costs

Orders

  • The application is struck out as incompetent and bad in law.
  • The applicant shall pay the costs of this application to the respondent.