Institution of proceedings

Crane Finance Co. Ltd v Makerere Properties Ltd (Civil Appeal No. 1 of 2001) [2002] UGSC 11 (11 February 2002);


Search Summary: 

The appellant instituted a suit which was dismissed on a preliminary point of
law and his appeal to the court of appeal was struck out for being filed out of
time by the full bench days after a single judge of the same court had granted
an application for enlargement of time.

Headnote and Holding: 

The court observed that the court had erred when it overlooked a rule and
misconstrued it as in its plain language it envisaged reinstatement of the
appeal after lapse of time and stated that the Court may, for sufficient reason
extend the time limited by the rules or by any decision of the Court or of the
High Court for the doing of any act authorised or required by the rules,
whether before or after the expiration of that time and whether before or
after the doing of the act; and any reference in these rules to any such time
shall be construed as a reference to the time as so extended.
The appeal was allowed and the appeal was reinstated.


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