Loi Kageni & Anor v Gole Nicholas [2007] UGSC 1
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Holding
The Supreme Court held that the Parliamentary Elections (Election Petition) Rules, not the Supreme Court Rules, govern election petition appeals because they were made specifically to expedite the hearing of election petitions. Under those Rules a memorandum of appeal must be filed within 7 days and a record of appeal within 30 days of receipt of the record. As the memorandum and record were filed 45 days after receipt, they were out of time and the appeal was incompetent. However, in the interest of justice, and given the respondent's counsel's apparent misunderstanding of the applicable rules, the Court declined to strike out the appeal and instead granted the respondent's alternative prayer for an extension of time up to the date the record was actually filed.
Facts
The applicants brought an application to strike out the respondent's notice of appeal and the appeal in an election petition matter, on the ground that the memorandum of appeal and the record of appeal were filed out of time. Both documents were filed on 1 October 2007, 45 days after receipt of the record. The applicants contended that the Parliamentary Elections (Election Petition) Rules applied, requiring a memorandum of appeal within 7 days and a record of appeal within 30 days of receipt. The respondent's counsel argued that the Supreme Court Rules applied, allowing 60 days, so the filings were in time. The dispute therefore turned on which set of rules governed the time limits for election petition appeals in the Supreme Court.
Issues
- Whether the Parliamentary Elections (Election Petition) Rules or the Supreme Court Rules govern the time for filing memoranda and records of appeal in election petition appeals to the Supreme Court.
- Whether the memorandum of appeal and record of appeal were filed out of time.
- Whether the appeal should be struck out or, alternatively, an extension of time should be granted.
Orders
- The Court declined to strike out the appeal notwithstanding that it was filed out of time.
- The respondent's alternative prayer for extension of time to file the appeal, up to 1 October 2007, granted.
- Costs of the application awarded to the applicant, certified for one counsel only.
Key headnotes
Legislation cited (2)
- Parliamentary Elections (Election Petition) Rules
- Supreme Court Rules