Kiviiri v Mubiru (Election Petition Application No. 30 of 2022)

Court of Appeal · [2022] UGCA 149 · 2022 Application Granted ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Application to deem a Notice of Appeal withdrawn or to strike it out for failure to take an essential step

Decision

Notice of Appeal struck out by reason of withdrawal; costs to the applicant

The full judgment

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

The Court of Appeal struck out a Notice of Appeal in an election petition matter. The intended appellant (respondent in the application) had failed to apply by letter for a record of proceedings as required by the Rules, and thus failed to take an essential step to institute the appeal within the prescribed time. The respondent and his counsel did not appear and filed no affidavit in opposition; counsel had declined service indicating the matter was withdrawn and the respondent stated it was settled out of court. The Court found the intended appellant had lost interest, rendering the appeal moot, and deemed it withdrawn under Rules 4 and 84(a). Costs were awarded to the applicant.

Facts

The respondent lodged a Notice of Appeal in the High Court at Mpigi on 28 October 2021 intending to appeal against the applicant. The applicant brought this application contending that the intended appellant had failed to apply by letter for a record of proceedings as required by the Rules of the Court, and thereby failed to institute the intended appeal within the prescribed time and to take an essential step in the proceedings. At the hearing, only counsel for the applicant appeared. The respondent and his lawyers were absent and filed no affidavit in opposition. Service had been effected on the respondent's counsel, who declined it claiming he no longer had instructions, though no leave to withdraw was on record. A process server was told by counsel that the matter had been withdrawn and by the respondent that it had been settled out of court.

Issues

Whether the Notice of Appeal should be deemed withdrawn or struck out where the intended appellant failed to apply for a record of proceedings and take an essential step in the proceedings.

Orders

The Notice of Appeal in Election Petition Number 30 of 2022 is deemed to have been withdrawn and is struck out.
Costs awarded to the Applicant.

Key headnotes

Appeals — Notice of Appeal — Failure to Take Essential Step — Effect of Failure to Request Record of Proceedings

Where an intended appellant lodges a Notice of Appeal but fails to apply by letter for a record of proceedings as required by the Rules, the intended appellant has failed to take an essential step to institute the appeal within the prescribed time, and the Notice of Appeal may be deemed withdrawn and struck out.

Appeals — Mootness — Loss of Interest by Intended Appellant

Where the intended appellant has lost interest in the intended appeal and the matter has become moot, the court may, under Rules 4 and 84(a) of the Court of Appeal Rules, deem the appeal to have been withdrawn and strike out the Notice of Appeal.

Legislation cited (8)

Judicature (Court of Appeal Rules) Directions r.2(2)
Judicature (Court of Appeal Rules) Directions r.4
Judicature (Court of Appeal Rules) Directions r.43(1)
Judicature (Court of Appeal Rules) Directions r.44(1)
Judicature (Court of Appeal Rules) Directions r.82
Judicature (Court of Appeal Rules) Directions r.83(2)
Judicature (Court of Appeal Rules) Directions r.83(3)
Judicature (Court of Appeal Rules) Directions r.84(a)

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.