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A.G. of Kenya v Nyong'o and Others (Application 1 of 2010)

East African Court of Justice · [2011] EACJ 3 · 2011 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to serve memorandum and record of appeal filed in the First Instance Division
Decision
Application struck out for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The First Instance Division lacks jurisdiction to entertain an application for extension of time to serve a memorandum and record of appeal once the appeal has been lodged in the Appellate Division. Rule 4 must be interpreted in context with the Treaty provisions establishing distinct jurisdictions for the two divisions. Once an appeal is instituted under Rule 86, the matter falls squarely within the jurisdiction of the Appellate Division. Application struck out with costs.

Outcome

Application struck out for lack of jurisdiction

Facts

The Attorney General of Kenya sought to appeal a decision of a single judge of the First Instance Division dismissing an application for extension of time. The Attorney General lodged a notice of appeal within time and subsequently lodged a memorandum and record of appeal in the Appellate Division within the prescribed 60 days. However, the memorandum and record were not served on the respondents within the seven days required by Rule 90(1). The Attorney General then filed an application in the First Instance Division seeking extension of time to serve these documents, or alternatively, that the documents served late be deemed duly served. The respondents objected, arguing the application should have been filed in the Appellate Division.

Issues

  1. Whether the First Instance Division has jurisdiction to determine an application for extension of time to serve a memorandum and record of appeal where the appeal has already been lodged in the Appellate Division.
  2. Whether the applicant has met the conditions for extension of time.

Orders

  • Application struck out with costs to the Respondents.

Rules and key headnotes

Civil Procedure — Jurisdiction — Division of Court — Application for Extension of Time After Appeal Instituted
Once an appeal has been lodged in the Appellate Division under Rule 86 by filing a memorandum and record of appeal, the First Instance Division ceases to have jurisdiction over applications emanating from that instituted appeal, including applications for extension of time to serve the appeal documents.
Civil Procedure — Rules of Court — Interpretation — Rule 4 and Rule 83
Rule 4, which permits a division of the court to extend time, must be interpreted in context with the Treaty provisions establishing distinct jurisdictions for the First Instance Division and Appellate Division. Rule 83, which requires applications to be made first to the First Instance Division, applies only to applications made before the institution of an appeal, primarily applications for leave to appeal.
Statutory Interpretation — Treaty Interpretation — Vienna Convention — Contextual Interpretation
Rules of procedure forming part of a treaty must be interpreted not only according to their ordinary meaning but also in their full context and in light of their object and purpose, taking into account the objective of the Treaty and the Rules as a whole.

Cases cited (2)

  • Prof. Peter Anyang Nyong'o and Others v Attorney General of Kenya and Others (Reference No. 1 of 2006)
  • East African Law Society and Others v Attorney General of Kenya and Others (Reference No. 3 of 2007)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

A.G. of Kenya v Nyong'o and Others (Application 1 of 2010) [2011] EACJ 3 (5 March 2011)
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.