Sekiboobo v Obonyo (Civil Application 31 of 1993) [1994] UGSC 35 (12 July 1994)

Full Case Text

# IN THE SUPREKE COURT OF UGANDA

### AT MENGO

# CIVIL APPLICATION NO.31 OF 93

#### BET-TEEN

POLYCARP SEKIBOOBO APPLICANT

### AND

CLARE OBOI'TYO : : : : : :: :: : :::: RESPONDENT

# RULING OP MANYINDO, D. C. J:-

This is an application for an order extending the time within which to file a fresh Memorandum and record appeal. It is brought under Rule^of the Rules of this Court. The applicant was the unsuccessful party in a civil suit in the High Court. He appealed to this Court through Ms. Katongle & Co. Advocates. The latter filed a defective record of appeal in that it did not contain orders appealed against. It wis also an omnibus appeal as it Judges separately. attacked an order of the Deputy Registrar of the High Court as well as two other orders made by two

Realising the mistake, the Cdunsel for the applicant sought to withdraw the appeal but the move was resisted by Counsel for the Respondent. Subsequently, the Registrar of the Supreme Court closed the file with this endorsement

> "The appeal stands dismissed with costs under Rule 93(^5• "

The applicant prompty dropped Ms Katongole & Co. Advocates and instructed his present Advocates

Mb. Katureebe, Twincmukunzi & Co., Advocates to bring the present application. Their argument is that since the appeal was never heard on its merits it can be resurrected or reinstated with the proper record and Memorandum of appeal. On the other hand Counsel for thi respondent submitted that the appeal cannot be reopened as it was dismissed.

J 2

I sip of the view that this application must fail but on a different ground. here is no provision enabling the registrar of this Court to dismiss an appeal. An order that an appeal stanch dismissed can only be made by the Court and the Registrar is not a member of this Court. It follows therefore that his order was ultra vires his powers, It must be vacated. It is set aside. 'This leaves the appeal still pending. The 'ounsel for the applicant may now take the next stepwithdraw appeal and then take other appropriate course of action.

In the result the application is dismissed with costs to the Respondent.

DATED at Mengo This day of , 1994

- S . T . MAHYINDO D KITTY CHI'? JURTICr. 12/7/1994

*i*

Mr. Babigumira for the applicant

absent Mr. Kadaga & Co., Advocates for Respondent though service effected

Ruling delivered. Court

12/7/1994 | T. OPBSEft' / AS1. ASS. <R3GiSTR.tR>.