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Sakaya s/o Kingesler v. Long’idu s/o Ngitalangie, Civ. App. 4-D-67, 27/8/69, Hamlyn J.



Sakaya s/o Kingesler v. Long’idu s/o Ngitalangie, Civ. App. 4-D-67, 27/8/69, Hamlyn J.

            The appellant was a party to proceedings in the primary court, judgment whereof was delivered on 31st December 1965 and the matter then came before the district court where judgment was given on 28th January 1966. Since then the unsuccessful appellant did nothing until 20th June 1967, when he asked for leave to appeal out-of-time against the judgment of the district Court. The reason stated for the delay was lack of money to pay the court fees.

Held: (1) “Such a plea can hardly form a basis of any substance on which to ask for an extension of time …… he might have applied to file his petition of appeal in forma pauperis had he so desired, but to sit immobile for a year and a half cannot recommend him much to the discretion of this Court.” (2) Application dismissed.

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