Case Law[2015] UGSC 123Uganda
Kuteesa v Nantumbwe & Ors [2015] UGSC 123 (21 July 2015)
Supreme Court of Uganda
Judgment
# Kuteesa v Nantumbwe & Ors [2015] UGSC 123 (21 July 2015)
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##### Kuteesa v Nantumbwe & Ors [2015] UGSC 123 (21 July 2015)
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Kuteesa v Nantumbwe & Ors [2015] UGSC 123 (21 July 2015) Copy
Media Neutral Citation
[2015] UGSC 123 Copy
Court
[Supreme Court of Uganda](/en/judgments/UGSC/)
Judges
[Katureebe, CJ](/en/judgments/all/?judges=Katureebe%2C%20CJ), [Arach-Amoko, JSC](/en/judgments/all/?judges=Arach-Amoko%2C%20JSC), [Mwondha, JSC](/en/judgments/all/?judges=Mwondha%2C%20JSC), [Mwangusya, JSC](/en/judgments/all/?judges=Mwangusya%2C%20JSC), [Tumwesigye, JSC](/en/judgments/all/?judges=Tumwesigye%2C%20JSC)
Judgment date
21 July 2015
Language
English
Summary
###### Flynote
* Civil Procedure|Notice of Appeal
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###### Case summary
Counsel for the applicant submitted that Notice of Appeal had been served on another Counsel who had no instructions from the applicant, thus, the Notice of Appeal was incompetent and could not be left to stand. He further contended that the interim order was tainted with illegalities and bad faith. Counsel for the respondent opposed the application and contended that service was effective as it was made on a duly instructed counsel. He further submitted that the matter was res judicata, having been decided by the Supreme Court. From the evidence that was adduced, it was found that the Notice of Appeal had not been served on the persons directly affected by the appeal, and it was thereby struck out. Further, it was found that the applicant failed to prove that the appeal had been brought outside time. With regard to the interim order, it was found to have been entered invalidly. Further, the court found that the respondent was liable for abuse of court of order for executing an order that had elapsed. In the result, the application was granted with prayers sought.
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