Court name
Supreme Court of Uganda
Case number
Civil Application 31 of 1993
Judgment date
12 July 1994

Polycarp Sekiboobo v Clare Obonyo (Civil Application 31 of 1993) [1994] UGSC 2 (12 July 1994);

Cite this case
[1994] UGSC 2

IN THE SUPREME COURT OF UGANDA

CIVIL APPLICATION NO. 31 OF 1993

BETWEEN

POL
YCARP SEKIBOOBO :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANT

AND

CLARE OBONYO
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT




RULING OF MANYINDO, D.C.J:-

This is an application for an order extending the time within which to file a fresh Memorandum and record of appeal. It is brought
under Rule 4 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. Katongole & Co. Advocates. The ratter filed a defective record of appeal in that it did not contain
orders appealed against. It was also an omnibus appeal as it attacked an order of the Deputy Registrar of the High Court as well
as two other orders made by two Judges separately.



Realising the mistake, the Counsel 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(4).”



The applicant promptly dropped Ms. Katongole & Co. Advocates and instructed his present Advocates Ms. Katureebe, Twinomukunzi
& 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 the Respondent submitted
that the appeal cannot be reopened as it was dismissed.



I am of the view that the application must fail but on a different ground. There is no provision enabling the Registrar of this Court
to dismiss an appeal. An Order that an appeal stands 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 Counsel for the applicant
may now take the next step-withdraw 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 12th day of July 1994



S.T. MANYINDO

DEPUTY CHIEF JUSTICE,.




I CERTIFY THAT THIS IS A TRUE

COPY OF THE ORIGINAL.



A.L. KYEYUNE,

AG. ASST. REGISTRAR.

8/11/1994.

12/7/1994

Mr. Babigumiru for the applicant

M/s. Kadaga & Co., Advocates for Respondent absent though service effected.

Court:- Ruling delivered.



T. OPESEN

AG. ASST., REGISTRAR.