Shukla Mukesh Bububhai v Ssenyonyi Joel Basekezi (Election Petition Application No. 47 of 2022)
The full judgment
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Holding
The Court struck out an application seeking extension of time to file an election appeal and validation of the record and memorandum of appeal. The application was found to be irregularly before the Court because it was filed only on the day of hearing, was not fixed for hearing, was not signed by counsel and was not dated. As the application sought to extend time and validate the appeal documents but was struck out, the Court held there was no valid appeal before it and accordingly struck out the related Election Appeal No. 80 of 2021. Both the application and the appeal were struck out with half costs.
Facts
The applicant filed a Notice of Motion under Rule 19 of the Parliamentary Elections (Election Petitions) Rules seeking orders to extend the time within which to file an appeal against the decision of the High Court (Justice Isaac Muwata) delivered on 14 October 2021 in Election Petition No. 09 of 2021. The applicant also sought validation of the record of appeal and memorandum of appeal already filed against that decision. The application was filed on the same day it came before the Court for hearing, 28 March 2022, and was drawn to the Court's attention during its short recess. The application was not fixed for hearing, was not signed by counsel and was not dated by counsel.
Issues
- Whether the application for extension of time and validation of the record and memorandum of appeal was properly before the Court.
Orders
- Application struck out with half costs.
- Election Appeal No. 80 of 2021 struck out with half costs.
Key headnotes
Legislation cited (1)
- Parliamentary Elections (Election Petitions) Rules r.19