Computing the time to file an appeal

-

 Therefore it is not fatal that an appeal is filed before extracting a decree. 

This is because; whereas a decree appears to be a summary of the judgement, the judgement is more elaborate on the trial court's findings and reasons therefore. 

This  has been discussed in Post Bank (U) Ltd. V. William Barigye (CACA 301 of 2018) 


Whereas it is true that section 79 of the Civil Procedure Act is couched in Mandatory terms, the facts of this case are that are that 27th May 2017 was a Sunday. 



Comments

Post a Comment

Popular posts from this blog

The six major legal issues in Stanbic Bank (U) Ltd. Vs. Nassanga Saphinah Kasule (C.O.A CA. No. 182 of 2021)

-
Image
Stanbic Bank (Uganda) Limited versus Nassanga Saphinah Kasule (Court of Appeal Civil Appeal No. 182 of 2021) raises numerous issues which are pertinent for us to understand. Click here to watch the case brief summary   In summary, this case discusses the following major points of law. 1. The Distinction between a Notice of Appeal under Rule 86 and a Notice of Cross Appeal under Rule 91 of the Judicature (Court of Appeal Rules) Directions. 2. The power of the Court of Appeal as the first appellate court in decisions from the Industrial Court. 3. Rights of an employee upon determination and rights upon dismissal for misconduct. 4. The difference between Pleadings and Witness Statements. 5. The significance of sticking to one's pleadings. 6. The Distinction between Exemplary and Aggravated Damages. Case Brief In this instance, the appellant submitted a preliminary objection under *Rule 86* to the striking out of a Notice of Cross Appeal, but the court overruled it, underlining that *R
Read more

Limitations: Can A Holder Of Powers Of Attorney Sue Or Defend On Behalf Of The Donor?

-
Image
The unanswered Question:  Despite the many opinions and articles on this topic, many have left a question hanging on the extent to Which Powers Of Attorney Give A Donnee, Power To Sue On Behalf Of The Donor. Can The Donnee Sue Or Defend On The Donor's Behalf? Can He Appear In Court As Claimant Or Defendant On The Donor's Behalf? A Power Of Attorney Is A Legal Document That Allows One Person To Act On Behalf Of Another. It Is Often Used In Legal, Financial, Or Medical Matters. Powers Of Attorney Can Be General Or Limited. By The Supreme Court Holding In Fredrick Zabwe V. Orient Bank (U) Ltd. SCCA No. 4/2006, It Is Imperative To Note That A Donee Of A Power Of Attorney Acts As An Agent Of The Donor And Should Do So For The Donor's Benefit. Well, More About Powers Powers Of Attorney Is Well Covered In Other Writings. In A 2021 Decision By The Supreme Court Of New York, Appellate Division Second Department In Discover Bank V. Gilliam 199 A.D.3d 645 (N.Y. App. Div. 2021), The Ba
Read more

METHODS OF DISPOSAL OF PUBLIC ASSETS BY A PUBLIC PROCUREMENT ENTITY

-
Image
DISPOSAL   s.3 of the ppda , defines disposal as the divestiture of public assets including intellectual and proprietary rights and good will and any other rights of a procuring and disposing entity by any means, including sale, rental, lease, franchise, auction or any combination however classified   the disposal process is defined as the successive stages in the disposal cycle including planning, choice of procedure, measures to solicit offers from bidders, examination and evaluation of those offers and award of contract.     methods of disposal  s.79 (1) of ppda requires that the choice of a procurement or disposal method must first be approved by the contracts committee  under s.87 (1) the methods of disposal of public assets include public auction public bidding direct negotiation sale to public officer destruction of the asset conversion or classification of assets into another form for disposal by sal trade-i transfer to another procuring and disposing entity donation A1. public
Read more