Notice of Appeal

Congo Trading Corporation Ltd Vs Alzahiri (CIVIL APPLICATION No. 191 OF 2010 ) [2016] UGCA 46 (4 April 2016);


Search Summary: 

This was an application brought under Rule 82 of the Judicature Court of Appeal Rules seeking to strike out the Notice of Appeal lodged by the Respondent in this Court on the 19th day of August 2010 and Civil Appeal No. 89 of 2010 filed on 8th November 2010.

Headnote and Holding: 

Court held that it is obvious that the intended effect of Rule 42 is to bring an act within the accepted time if the justice of the case requires. There would have been no reason to have the above provision if an act done out of time was an incurable nullity. A document filed out of time is therefore voidable as it may be validated by extension of time. Court stated that justice of this case required exercise of court’s discretion under Rule 42 (a) to extend time for the respondent to file his appeal.


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