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Komol v Hon. Lokeris Samson (Election Petition Application 21 of 2022)

Court of Appeal · [2022] UGCA 338 · 2022 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application to strike out an election petition appeal for failure to take essential steps
Decision
Application to strike out the appeal dismissed; appeal to proceed to be heard on the merits

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Holding

The Court of Appeal dismissed an application to strike out an election petition appeal for failure to take essential steps. It held that the Memorandum of Appeal was filed within the prescribed seven days (excluding the date the Notice of Appeal was filed), and that the Record of Appeal was lodged on the last prescribed day, evidenced by court-stamped copies in the respondent's possession. On service, the applicant fell within the second category of respondents under Rule 88(2) because he had not complied with Rule 80; absent any court order setting a service period, no breach arose. The application was dismissed with costs to the respondent.

Facts

In the 14 January 2021 parliamentary elections for Dodoth East County Constituency in Kaabong District, the Returning Officer declared the applicant, Komol Emmanuel, the validly elected member with an 11-vote margin over the respondent, Hon. Lokeris Samson. The respondent petitioned the High Court at Soroti (Election Petition No. 01 of 2021), which was dismissed on 31 August 2021 following a preliminary objection. The respondent appealed (Election Petition Appeal No. 09 of 2021). The applicant then applied to strike out the appeal, contending the respondent failed to take essential steps: filing the Memorandum of Appeal out of time, failing to file the Record of Appeal, and failing to serve it on the applicant within the prescribed time. Evidence showed the Notice of Appeal was filed on 2 September 2021, the Memorandum received 8 September with fees paid 9 September, and the Record lodged 8 October 2021, with copies bearing the court's received stamp. The applicant had not filed a Notice of Address for Service under Rule 80.

Issues

  1. Whether the respondent filed the Memorandum of Appeal within the time prescribed by the Rules.
  2. Whether the respondent failed to file the Record of Appeal within the prescribed time.
  3. Whether the respondent failed to serve the Record of Appeal on the applicant within the time prescribed by law.

Orders

  • Application dismissed with costs to the respondent.
  • The appeal to be disposed of on its merits at a date to be subsequently notified.

Key headnotes

Election Petition Appeals — Striking Out — Failure to Take Essential Steps under Rule 82
A person served with a notice of appeal may apply to strike out an election petition appeal where an essential step has not been taken or was taken outside the prescribed time, the civil appeal rules applying by virtue of Rule 36 of the Parliamentary Elections (Election Petitions) Rules.
Computation of Time — Memorandum of Appeal — Exclusion of Date Notice Filed
In computing the seven-day period for filing a Memorandum of Appeal after a Written Notice of Appeal, the date on which the Notice of Appeal was filed is excluded under section 34(1)(a) of the Interpretation Act.
Record of Appeal — Proof of Filing — Effect of Registry Misfiling
Where an appellant produces court-stamped copies of the Record of Appeal in his possession, filing is established on a balance of probabilities; the absence of a copy on the court file does not prove non-filing, as a litigant has no control over how registry staff handle documents after lodgement.
Service of Record of Appeal — Categories of Respondents under Rule 88
A respondent who has not lodged and served a Notice of Address for Service under Rule 80 falls within the second category under Rule 88(2), whose service timelines are set by the court on application or of its own motion; absent such an order, no failure to serve within seven days arises.

Legislation cited (11)

  • Judicature (Court of Appeal) Rules r.2(2)
  • Judicature (Court of Appeal) Rules r.43(1)
  • Judicature (Court of Appeal) Rules r.43(2)
  • Judicature (Court of Appeal) Rules r.82
  • Judicature (Court of Appeal) Rules r.80
  • Judicature (Court of Appeal) Rules r.83(1)(b)
  • Judicature (Court of Appeal) Rules r.88
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.30
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.31
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.36
  • Interpretation Act Cap. 3 s.34(1)(a)

Cases cited (4)

  • UNTA Exports Ltd Vs Customs [1970] 1EA 648
  • Kasibante Moses v Electoral Commission (Election Petition Application No. 7 of 2012)
  • Bakiite Leonard v Ampaire Kizito Nseko & 2 Others (Election Petition Appeal No. 27 of 2022)
  • Electoral Commission v Mwosuko Jacob (Election Petition Appeal No. 42 of 2022)
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.