Dr. Bwogi Kanyerezi v The Management Committee of Rubaga Girls' School (Civil Application No. 12 of 1999) [1999] UGCA 76 (24 May 1999)

# THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

### CIVIL APPLICATION NO. 12 OF 1999

#### CORAM: HON. MR. JUSTICE G. M. OKELLO, J. A. HON. MR. JUSTICE J. P. BERKO, J. A. HON. LADY JUSTICE C. N. B. KITUMBA, J. A.

DR. BWOGI KANYEREZI................................... ......................................

### **VERSUS**

THE MANAGEMENT COMMITTEE OF RUBAGA GIRLS' SCHOOL.. RESPONDENT

## RULING OF THE COURT:

This is an application to strike out the notice of appeal and the appeal on the grounds that the respondent/applicant has not been served with the notice of appeal within the prescribed time according to R. 77(1) of the Rules of this Court.

In the affidavit in support of the application, the notice of appeal was lodged in court on 20<sup>th</sup> February, 1998, and therefore the last date on which service ought to have been effected should have been on 27<sup>th</sup> of February 1998. From the affidavit in reply service was effected on $3^{rd}$ March 1998. That was clearly outside the prescribed time of seven days within which service ought to have been effected. Since there has been no extension of time, we agree that the notice of appeal was served to respondent/applicant out of time.

The application accordingly succeeds, with costs in favour of the applicant/respondent.

Dated at Kampala this 24<sup>th</sup> day of May, 1999.

G. M. Okello Justice of Appeal.

J. P. Berko Justice of Appeal. NB. CIT

C. N. B. Kitumba Justice of Appeal.