Wakilii

Igeme Nathan v Mwiru Paul (Election Petition Application No. 46 of 2022)

Court of Appeal · [2022] UGCA 130 · 2022 Application Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application to strike out an election petition appeal for failure to take an essential step within the prescribed time
Decision
Application granted; Election Petition Appeal No. 65 of 2021 struck out with costs

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Holding

The Court held that under rule 31 of the Parliamentary Elections (Election Petitions) Rules, the record of appeal must be lodged within 30 days after filing the memorandum of appeal, and time runs from that filing, not from receipt of the certified record of proceedings. Rule 83 of the Judicature (Court of Appeal Rules) Directions, which excludes time taken preparing the record, does not apply to election petition appeals. Having filed the memorandum on 29 October 2021, the respondent was required to lodge the record by 28 November 2021 but did so on 6 December 2021. As no application for extension of time had been made, the appeal was struck out with costs.

Facts

The High Court delivered judgment in an election petition on 18 October 2021. The respondent gave a valid oral notice of appeal on that date. He filed his memorandum of appeal on 29 October 2021. Rule 31 of the Parliamentary Elections (Election Petitions) Rules requires the record of appeal to be lodged within 30 days after filing the memorandum, which would have expired on 28 November 2021. The respondent instead filed the record of appeal on 6 December 2021. The respondent contended that the 30 days should run from 26 November 2021, when the certified record of proceedings was collected from the lower court, relying on the inclusion of judges' notes in the record. The applicant applied to strike out the appeal for failure to take an essential step within the prescribed time without justifiable cause.

Issues

  1. Whether the respondent filed the record of appeal within the time prescribed by rule 31 of the Parliamentary Elections (Election Petitions) Rules.
  2. Whether time for filing the record of appeal runs from the filing of the memorandum of appeal or from receipt of the certified record of proceedings.
  3. Whether the respondent's appeal should be struck out for failure to take an essential step within the prescribed time.

Orders

  • The applicant's application succeeds.
  • The respondent's appeal, Election Petition Appeal No. 65 of 2021, is struck out with costs.

Key headnotes

Electoral Law — Election Petition Appeals — Time for Filing Record of Appeal under Rule 31
Under rule 31 of the Parliamentary Elections (Election Petitions) Rules, the record of appeal must be lodged within 30 days after the filing of the memorandum of appeal, and time runs from the date of filing the memorandum, not from receipt of the certified record of proceedings.
Electoral Law — Election Petition Appeals — Inapplicability of Rule 83 of Court of Appeal Rules
Rule 83 of the Judicature (Court of Appeal Rules) Directions, which excludes the time taken in preparing the record of proceedings from the computation of time, is not available to an appellant in an election petition appeal; the strict timelines of the Parliamentary Elections (Election Petitions) Rules govern.
Civil Procedure — Essential Steps — Striking Out Appeal for Failure to Take Step in Time
Where an appellant fails to take an essential step, such as filing the record of appeal within the prescribed time, without applying for extension of time for sufficient cause, the court has no basis to validate the late step on its own motion and the appeal will be struck out.

Legislation cited (12)

  • Parliamentary Elections (Election Petitions) Rules r.31
  • Parliamentary Elections (Election Petitions) Rules r.29
  • Parliamentary Elections (Election Petitions) Rules r.33
  • Parliamentary Elections (Election Petitions) Rules r.34
  • Parliamentary Elections (Election Petitions) Rules r.36
  • Parliamentary Elections Act 2005 s.66(2)
  • Judicature (Court of Appeal Rules) Directions r.83(1)-(3)
  • Judicature (Court of Appeal Rules) Directions r.76(2)
  • Judicature (Court of Appeal Rules) Directions r.5
  • Judicature (Court of Appeal Rules) Directions r.2(2)
  • Constitution of Uganda art.28(1)
  • Constitution of Uganda art.44(c)

Cases cited (4)

  • Moses Kasibante v Electoral Commission (Election Petition Application No. 7 of 2012)
  • Paul Omara v Acon Julius Bua (Election Petition Miscellaneous Application No. 346 of 2016)
  • Abiriga Ibrahim v Musema Mudathir Bruce (Election Application No. 24 of 2016)
  • Christine Namatovu Tebajukira v Noel Grace Shalita [1992-1993] HCB 85
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.