The applicant seeks leave to appeal out of time. He filed an affidavit,
which I treated as such an application. It is presumably brought under the
proviso to sub-section (1) of section 80 of the Civil Procedure Act, which
empowers the Court to admit an appeal although the prescribed period of 30
days has elapsed "for good cause shown".
 The respondent had sued the applicant for damages for injuries sustained
by him in an assault by the applicant. The applicant was served with the
summons to enter appearance on 29th October, 1969. He is alleged to have
refused to sign the summons. An affidavit of service was duly filed by the
process server. The applicant did not enter appearance.
 The suit was then set down for formal proof under the provisions of 0.9,
r.6 of the Civil Procedure Rules. For some reason the applicant was served
with a hearing notice, and he attended the hearing. Judgment was entered
against him on 1st October, 1970 in his presence, and he was ordered to pay
damages of shs.770/-, plus costs fixed at shs.484/-.
 On 23rd April, 1971 an order to attach his salary in execution of the
decree was issued. On 23rd July, 1971 he applied for stay of the execution
pending his appeal to this Court. His application for leave to appeal was
received by the Registry in Kampala on 20th July, 1971, but it was not till
18th September, 1971 that he paid the filing fees.
This then is the background leading to the present application. After
stating that he had not been served with the summons to enter appearance,
and admitting attending the hearing for assessment of the damages, he states
in his affidavit:
“7. That I could not appeal in time for my duties as advised necessitate my
staying away from my home or even from town.
8. That I have now seized time to appeal against the judgment of the 1st
 The application was resisted on the main ground that it does not
disclose any good cause for the delay in appealing. The court has a wide
discretion in these matters. Like any other discretion it too has to be
exercised judicially. This is not a case where the applicant was taken by
 Judgment was delivered in his presence. Ignorance of Court Rules has not
been pleaded as one of the grounds for this application. His conduct was
such that even if it had been raised I would not have given it much thought.
Not¬ withstanding the fact that judgment was passed on 1st October, 1970 it
was not till his salary was attached in April, 1971 (after about 7 months)
that he seems to have woken up from his slumber. As stated earlier it was on
18th September, 1971 that he paid the court fees for this application.
 He was thus out of time by a little more than ten months. The Court may
exercise its discretion only if good cause is shown for the entire period of
the delay. Courts now insist that the rules of court be obeyed. The
principle involved in such cases as enunciated in Ratnam v. Cumarasamy,
(1964) 3 All E.R. 933 at p. 935 has been approved and followed by this Court
in at least two very recent decisions, Castelino v. Rodrigues. E.A.C.A.
Civil Appeal No. 4 of 1972 and Janson Male v. Samwiri Mukasa, Miscellaneous
Cause No. 13 of 1972. In another English case, Revici v. Prentice Hall
Incorporated, (1969) 1 All E.R. 772 Lord Denning H.R. emphasised the same
point when he said at p.774:
"Counsel for the plaintiff referred us to the old cases in the last century
of Eaton v. Storer (1) and Atwood v. Chichester (2), and urged that time
does not matter as long as the costs are paid. Nowadays we regard time very
differently from what they did in the nineteenth century. We insist on the
rules as to time being observed. "
 And Edmund Davies, L.J., said at p.774:
"On the contrary, the rules are there to be observed; and if there is non¬
compliance (other than of a minimal kind), that is something which has to be
explained away. Prima facie, if no excuse is offered, no indulgence should
 With these views I respectfully agree. The only explanation for this
rather inordinate delay is that the applicant was mostly out of town. I
consider as a very flimsy excuse for the excessive delay in bringing this
application. I am of the view that the material l before me does not
disclose any good cause for exercising my discretion to allow this
 I am satisfied that it must be dismissed.
 It is therefore dismissed with costs.