Munabi v Asimwe (HCT-03-CV-CA 39 of 2021) [2024] UGHC 949 (19 March 2024)

**THE REPUBLIC OF UGANDA**

**IN THE HIGH COURT OF UGANDA**

**HOLDEN AT JINJA**

**HCT-03-CV-CA-039-2021**

***(ARISING FROM CIVIL SUIT NO.091 OF 2017)***

**MUNABI JAMES :::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPELLANT**

**VERSUS**

**ASIMWE SAM::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENTS**

***Held- Civil Appeal No. 39 of 2021*** *is not properly before this Court and it is accordingly dismissed. There is no order as to costs. The lower court Judgement remains valid and the whole record shall be returned to the lower court for execution.*

**BEFORE: HON. JUSTICE DR. WINIFRED N NABISINDE**

**JUDGMENT ON APPEAL**

The Appellant being dissatisfied and aggrieved by the decision and Orders of Chief Magistrate, Jinja Chief Magistrate’s Court appealed to this Honorable Court against the whole decision/Judgment and Orders on the following grounds: -

1. That the Trial Magistrate erred in law and fact when she failed to properly evaluate the evidence hence reaching a wrong decision.

They added that an Amended Memorandum of Appeal shall be filed by the appellant upon being provided with certified copies of the judgment and proceedings, however, by the time this Appeal was fixed for hearing, this had not been done.

They prayed that:-

The Appeal be allowed with costs in this appeal and in the lower court.

**RESOLUTION BY COURT**

The Appellant filed a Memorandum of Appeal in this court on the 25th day of May 2021. The Learned Deputy Registrar wrote to the Chief Magistrate on the 21st of February, 2022 requesting for certified copies of the Judgment and Proceedings in **Civil Suit No.91 of 2017** for purposes of determining the Appeal.

On the 11th of March, 2022, the Learned Trial Chief Magistrate wrote a forwarding letter of the file; however, upon perusal of the file, the record of the lower court and Judgement that was sent to court is neither typed nor certified by the trial court. This was drawn to the parties but to date, it is clear that the Appellant has not been vigilant in following up his Appeal for purposes of having it put properly before Court and heard to its logical conclusion.

Given the above background and reasons, it is not possible for this Honorable Court to proceed to determine the merits of the Appeal based on an incomplete record.

My decision is that **Civil Appeal No. 39 of 2021** is not properly before this Court and it is accordingly dismissed. There is no order as to costs. The lower court Judgement remains valid and the whole record shall be returned to the lower court for execution.

I SO ORDER

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ JUSTICE DR. WINIFRED N NABISINDE JUDGE 19/03/2024**

This Judgment shall be delivered by the Honorable Magistrate Grade 1 of the High Court Jinja attached to the Chambers of **Justice Dr. Winifred N Nabisinde** who shall also explain the right of appeal against this Judgment to the Court of Appeal of Uganda.

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**JUSTICE DR. WINIFRED N NABISINDE JUDGE 19/03/2024**