Shukla v Ssenyonyi (Election Petition Application No. 47 of 2022)
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Holding
The applicant sought an extension of time to file an election appeal and validation of the record and memorandum of appeal. The Court found the application irregularly before it: it was filed late, was not fixed for hearing, was unsigned by counsel and undated. The Court struck out the application with half costs. As the application sought to extend time and validate the record, its dismissal meant there was no valid appeal before the Court, and Election Appeal No. 80 of 2021 was likewise struck out with half costs.
Facts
The applicant filed a Notice of Motion under Rule 19 of the Parliamentary Elections (Election Petitions) Rules seeking an order extending the time within which to file an appeal against the decision of the High Court (Hon. Mr. 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. The application was filed only on 28 March 2022, the day of hearing, and brought to the Court's attention during a short recess. The Court noted that the application was not fixed for hearing, was not signed by counsel, and had not been dated.
Issues
- Whether the application to extend time and validate the record 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