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African Commission on Human and Peoples' Rights v Jamhiriya (Application No. 004-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 36 · 2011 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file reply to respondent's response
Decision
Extension of time granted to Applicant to file reply

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that despite the absence of express provision in the Rules of Court for extending time for an applicant's reply, the Court possesses inherent powers to set and extend time limits for submission of pleadings in the interest of justice. The Court granted the Applicant's request for extension of time to file its reply to 30 September 2011.

Outcome

Extension of time granted to Applicant to file reply

Facts

The African Commission on Human and Peoples' Rights filed an application against Libya on 3 March 2011. The Respondent was served on 22 March 2011 and had 60 days to respond. On 18 April 2011, the Respondent provided names of representatives. On 11 May 2011, the Respondent requested a three-week extension to finalize its response. Before the Court considered this request during its 21st Ordinary Session in June 2011, the Registry received the Respondent's response on 8 June 2011. The Court accepted the extension request retrospectively to 8 June 2011. The Registry transmitted the response to the Applicant on 18 June 2011, directing a reply within 30 days. On 28 June 2011, the Applicant requested extension of time to reply until 30 September 2011.

Issues

  1. Whether the Court has power to extend time for the Applicant to file its reply to the Respondent's response where the Rules of Court do not provide for such extension.

Orders

  • The Applicant's request for extension of time is allowed.
  • Time for the Applicant to file its reply is extended to 30 September 2011.

Rules and key headnotes

Civil Procedure — Inherent Powers of Court — Extension of Time — Lacuna in Rules
A court possesses inherent powers to set and extend time limits for the submission of pleadings in the interest of justice, even where the rules of court do not expressly provide for such extension.

Full judgment

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

African Commission on Human and Peoples' Rights v Jamhiriya (Application No. 004-2011) [2011] AfCHPR 36 (2 September 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.