Civil Procedure

All Muss Properties Uganda ltd & 2 Ors Vs CTM (U) Ltd & 2 Ors (Civil Application No.379 of 2017) [2019] UGCA 134 (25 April 2019);

Flynote: 

Search Summary: 

The respondents’ application to set aside a consent judgment between the first respondent and the the applicants was dismissed and the respondents, being dissatisfied with the decision, filed a notice of appeal in the Court of appeal. The applicants applied for orders striking out the notice of appeal contending that the respondent hadn’t sought the requisite leave to appeal against the decision in issue.

The court considered whether or not to strike out the notice of appeal.

Headnote and Holding: 

The court held that where leave was required to file an appeal and such leave was not obtained, the appeal filed was incompetent and could not even be withdrawn as an appeal. The court was satisfied that the respondent applied for leave to appeal after the expiry of the prescribed 14 days period and as such, they failed to take an essential step in the proceedings. The court accordingly concluded that the notice of appeal was incompetent and struck it out with costs.

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