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African Network for Animal Welfare v Attorney General of the Republic of Tanzania

East African Court of Justice · [2013] EACJ 145 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application for leave to file expert report out of time during reference proceedings
Decision
Application for leave to file expert report out of time granted; matter adjourned for hearing

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Holding

The Court granted leave to admit an expert report filed two days late, finding the delay neither inordinate nor unreasonable where the expert had to visit the disputed road site before compiling the report. The Court exercised its discretion under Rules 4, 10, and 46 of the Rules of Procedure, holding that a weekend delay was not excessive and the report was necessary for a fair decision.

Outcome

Application for leave to file expert report out of time granted; matter adjourned for hearing

Facts

During a scheduling conference on 23 January 2013, the Applicant was granted an order to file an expert report by 22 March 2013. The report was lodged in the Nairobi sub-registry on 25 March 2013, two days late. The Applicant explained that the expert had to visit the Mugumu-Tabora B-Klein's Gate-Loliondo Road (the subject of the Reference) before preparing and submitting the report. Since 22 March 2013 was a Friday and 25 March 2013 was a Monday, the Applicant argued the report was promptly lodged in the circumstances. The Respondent strongly opposed admission of the report out of time.

Issues

  1. Whether the Court should grant leave to admit an expert report filed two days out of time.
  2. Whether the Applicant was obligated to serve the expert report upon filing it.
  3. Whether the Respondent was obligated to file and serve witness statements before the hearing of the Reference.
  4. Whether the hearing of the Reference should be adjourned.

Orders

  • The expert report lodged on 25 March 2013 is admitted into the record and deemed filed within time.
  • The report shall be served forthwith upon the Respondent within 7 days.
  • The Respondent shall within 14 days file and serve written statements for its three proposed witnesses.
  • The hearing of the Reference is adjourned to a date to be given by notice to the parties.
  • Each party to bear its own costs.

Rules and key headnotes

Extension of Time — Discretion to Grant Leave — Sufficient Reasons
The Court has discretion under Rules 4, 10, and 46 of the Rules of Procedure to extend time and grant leave to file a document out of time where the reasons given are sufficient and the document is necessary for the Court to reach a fair and just decision.
Extension of Time — Weekend Delay — Reasonableness
A delay of two days over a weekend in filing an expert report is not inordinate where the expert had to visit the disputed site before compiling the report, and such reasons are neither outlandish nor unreasonable.
Court's Inherent Jurisdiction — Directions for Hearing — Witness Statements
The Court has inherent jurisdiction under Rule 55(3)(d) of the Rules of Procedure to give directions as to how each case should be heard and to do justice without undue regard to technicalities, including ordering a party to file and serve witness statements even where no express obligation exists.

Full judgment

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

African Network for Animal Welfare v Attorney General of the Republic of Tanzania [2013] EACJ 145 (25 April 2013)
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.