Uganda Corporation Creameries Ltd and Another v Reamaton Ltd (Civil Appeal No. 9 of 1998) [1998] UGCA 66 (31 July 1998)

THE REPUBLIC OF UGANDA -—<sup>A</sup>

**/ C£**

**J**

**3** THE COURT OF APPEAL OF UGANDA

## AT KAMPALA

## CIVIL APPEAL NO. 9 OF 1998

APPELLANTS **io** 1. UGANDA CORPORATION CREAMERIES LTD) 2. HENRY KAWALYA )

## VERSUS

REAMATON LTD RESPONDENT

CORAM: HON. MR. JUSTICE C. M. KATO, J. A., HON. LADY JUSTICE A. E. MPAGI-BAHIGEINE, J. A. & HON. MR. JUSTICE S. G. ENGWAU, J. A.

**<sup>20</sup>** Date: 31st July, 1998

**Court:** This is an application for an adjournment to enable the Counsel for the appellant to argue an application for filing notice of appeal out of time. In his reply to this application Counsel for the respondent opposed the adjournment on the ground that there is no competent appeal before the court to be adjourned as notice of appeal had been struck out on 1/7/98 by this court. He based his argument on the authority of: **Haji Nurdin Matovu vs. Ben Kiwanuka [Civil Application No. 12/91 Supreme Court].** In the premises he submitted that the appeal be struck out under Rules 81 and 101 (b) of Court of Appeal Rules.

> An appeal is commenced We think that this application to have the appeal adjourned is devoid of merit, as in fact there is no competent appeal before this court to be adjourned, the notice of appeal having been struck out on 1/7/98 by a notice of appeal without which there can be no appeal.

> In the result we decline to giant the application for an adjournment of the appeal and we strike out the purported appeal as being incompetent with costs to the respondent in this court and the court below.

**30**

**40**

## C. M. Kato **Justice of Appeal.**

A. E. Mpagi-Bahigeine **Justice of Appeal.**

S. G. Engwau **Justice of Appeal.**

I certify that this is the true copy of the original.

$\overline{1}$

Murangira J. Registrar Court of Appeal.

| CERRIED TRUE CORY OF THE ORIGINAL | | |-----------------------------------|---------| | Dwan | | | Registry of the man | Umanda. |

$10$

$20$