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Appeal Filing Procedure Guide

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0% found this document useful (0 votes)
28 views3 pages

Appeal Filing Procedure Guide

Uploaded by

kevinznayebare
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Step-by-Step Procedure for Filing an Appeal

Step Action Details Law

File a Memorandum - Grounds must be concise, numbered, and


1 Order 43 Rule 1
of Appeal without arguments/narratives.

Attach Supporting - Certified copy of judgment. Order 43 Rules 2


2
Documents - Certified copy of decree appealed from. & 28

- Serve Notice of Appeal & Memorandum.


Serve Appeal Order 43 Rules 11
3 - Notice must state hearing date and warning
Documents & 12
of ex parte hearing.

Pay or Apply for - Required if appellant resides outside Uganda Order 43 Rule 9 &
4
Security for Costs or has no property in Uganda. Section 221 CPA

- Appellant argues first, then respondent,


appellant replies if necessary. Order 43 Rules
5 Hearing of Appeal
- Absence may lead to dismissal or ex parte 13–15
hearing.

Decision and - High Court can confirm, vary, reverse Order 43 Rule 27
6
Judgment decision, or order retrial/additional evidence. & Section 80 CPA

Certification of - Certified judgment and decree sent to


7 Order 43 Rule 30
Judgment Magistrate’s Court for record filing.

Time Limits for Filing an Appeal

Action Time Limit Law

Filing Appeal Within 30 days of decree or order Section 79(1) CPA

Extension of Time Possible if sufficient cause shown Section 79(2) CPA

Appeal from registrar Within 7 days form orders of the registrar Section 79(1)(b) CPA

Civil Appeals under Part IV of the Rules

Copies
Step Document Details Law and Form
Needed

- Filed within 14 days. Rule 76 and Form


1 Notice of Appeal 2 copies
- Indicates full/partial appeal. D COAR

Memorandum of - Filed within 60 days. Rule 86 and Form 6 copies (or as


2
Appeal - Grounds must be concise. F COAR directed)
Copies
Step Document Details Law and Form
Needed

- Includes index, pleadings,


judge’s notes, affidavits,
3 Record of Appeal Rule 87 6 copies
exhibits, judgment, notice of
appeal.

Rule 105 and


- Amount: UGX 200,000
4 Security for Costs waived under Rule —
(unless waived).
113

Supplementary Record - Filed to correct defects in


5 Rule 91 6 copies
(if needed) original record.

Respondent's Required Documents

Appeal Copies
Document Action Form
Type Needed

Civil Notice of Address for Filed within 14 days after Form E1 and

Appeals Service service of Notice of Appeal. Rule 80 COAR

If appellant’s record
Supplementary Record Rule 90 COAR 4 copies
defective.

Filed within 30 days of Rule 91 and


Notice of Cross-Appeal 4 copies
Memorandum service. Form G2

Notice of Grounds for Filed within 30 days of Rule 92 Form


4 copies
Affirming Decision Memorandum service. H3

Statement of Arguments Written submissions if not


— —
(optional) appearing personally.

Common Application Types and Required Documents

Application Type Documents Required Law/Rule

Substituted Service Motion or Summons + Affidavit + Proposal for Order 5 Rule


1
First Schedule to the COAR
2
Ibid
3
Ibid
Application Type Documents Required Law/Rule

service 18

Order 1 Rule
Add/Remove Party Motion + Affidavit + Amended pleadings
13

Motion + Affidavit (new evidence/error) + Judgment


Review of Judgment Order 46
copy

Order 43 Rule
Stay of Execution Motion + Affidavit + Decree copy + Proof of appeal
4

Order 43 Rule
Leave to Appeal Motion + Draft memorandum + Affidavit
1

Application form + Affidavit of indigence + Property


Proceed as Pauper Order 33
list + Draft plaint

Interim/Temporary Motion + Affidavit (urgent harm) + Draft order + Order 41 Rule


Injunction Proof 1

Order 32 Rule
Appointment of Guardian Motion/Summons + Affidavit + Consent (if needed)
3

Motion + Affidavit (need for commission) + Draft


Commissions Order 28
questions

Order 13 Rule
Judgment on Admission Motion + Affidavit highlighting admissions
6

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