In Re Ranch On The Lake LTD (HCT00CCMA 537 of 2005) 2005 UGCommC 47 (24 August 2005)
In Re Ranch On The Lake LTD (HCT00CCMA 537 of 2005) 2005 UGCommC 47 (24 August 2005)
In Re Ranch On The Lake LTD (HCT00CCMA 537 of 2005) 2005 UGCommC 47 (24 August 2005)
HCT-00-CC-MA-0537-2005
AND
RULING
1. The applicant, Ms East African Development Bank, have applied for leave to appeal to
the Court of Appeal against a decision of this court providing directions to the Receiver
of the Ranch on the Lake Ltd made on the 15th day of June 2005. When this application
came up for hearing, Mr. Nalyanya, learned counsel acting for the Receiver raised a
preliminary objection to the effect that this application was out of time, and should
therefore be dismissed. Mr. Adriko, learned counsel for Development Finance Company
2. Mr. Kabatsi, learned counsel for the applicant, submitted that this application is governed
by Order 40 Rules 1(2) & (4) and Order 39 of the Civil Procedure Rules, both of which
are silent on time. As a result this court should turn to Section 80 of the Civil Procedure
Act which provides 30 days within which appeals may be filed. Mr. Kabatsi further
indicated that he was aware the Court of Appeal Rules provided for a time period of 14
days but this was extendible. And as the intended appeal involved very important
questions of law, this application ought to be heard, and the appeal filed.
“where an appeal lies with leave of the High Court, application for leave shall be
made informally at the time when the decision against which it is so desired to
4. Section 80 of the Civil Procedure Act provides for the time within which appeals may be
lodged, and provides for an opportunity to seek extension of time in case a party is out of
time. It directs that such decision for extension of time will be made by the appellate
court. It states,
“(1) Except as otherwise specifically provided in any other law, every appeal
thirty days of the date of the decree or order of the court; or (b) within seven
days of the date of the order of a registrar, as the case may be,
court may for good cause admit an appeal though the period of limitation
5. It is for the appellate court to grant extension of time for filing an appeal in respect of
those appeals that are governed by Section 80 of the Civil Procedure Act, and these are
appeals as of right without leave of the court of first instance. It is not for the court of first
6. The applicable rule here is Rule 39(2)(a) of the Court of Appeal Rules. It requires that
application for leave to appeal out of time, should be made within 14 days of the decision
intended to be appealed from. In this case the decision intended to be appealed against
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was made on the 15th June 2005. This application was lodged into this court on 11th July
2005, more than 14 days since the decision intended to be appealed against was made.
7. Mr. Kabatsi submitted that I should disregard this rule suggesting that there are numerous
cases where courts have done so. Unfortunately he did not refer me to a particular case. I
am not sure that it would be prudent for the High Court not to follow the rules of the
Court of Appeal. I can only say I am not persuaded that this is a viable option for this
court.
8. Accordingly I find that this application was made out of time and it is accordingly
FMS Egonda-Ntende
Judge