Wakilii

Attorney General of Republic of Uganda v Kiwanuka (Application No.25 of 2020; Application No.26 of 2020)

East African Court of Justice · [2021] EACJ 5 · 2021 Application Dismissed; Service Validated AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications arising from Reference No. 18 of 2020 — Attorney General seeking extension of time to serve Response to Reference; Respondent seeking to strike out the Response
Decision
Response to the Reference validated; matter to proceed on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the Response to the Reference was filed within the prescribed 45-day period but served on the Applicant four days late. The Court found sufficient reasons for the delay and exercised its discretion under Rule 5 to enlarge time for service and validate the Response. The application to strike out the Response was dismissed.

Outcome

Response to the Reference validated; matter to proceed on the merits

Facts

Male H. Mabirizi K. Kiwanuka filed Reference No. 18 of 2020 against the Attorney General of Uganda on 22 June 2020, challenging the Revised Road Map for the 2021 Presidential and Parliamentary elections. The Attorney General was served on 23 June 2020. The Attorney General filed its Response to the Reference at the Kampala Sub-registry on 6 August 2020 but did not serve it on Kiwanuka until 11 August 2020. The Attorney General filed Application No. 25 of 2020 seeking extension of time to serve the Response or validation of the service. Kiwanuka filed Application No. 26 of 2020 seeking to strike out the Response. The Attorney General explained that the delay in service was due to the Registrar not being present at the Sub-registry on 6 August to seal the documents, which were only collected and served on 11 August. Kiwanuka argued that the Response was filed and served out of time and that the Attorney General had not demonstrated sufficient reasons for the delay.

Issues

  1. Whether the Response to the Reference was filed and served out of the prescribed time thus contravening Rule 32(1) of the Rules.
  2. Whether the Respondent has demonstrated sufficient reasons for the delay to enable the Court to sanction the late service of the Response to the Reference on the Applicant.

Orders

  • Application to strike out the Response to the Reference dismissed.
  • Time within which the Response to the Reference may be served enlarged.
  • Response to the Reference previously served upon the Applicant deemed validly served.
  • No order as to costs.

Rules and key headnotes

Computation of Time — Calculation of Prescribed Periods
When computing a period of time fixed by the Rules for doing any act, where the period is to be calculated from the moment at which an event occurs, the day during which that event occurs shall not be counted as falling within the period in question, and the period shall end with the expiry of the last day of the period.
Extension of Time — Sufficient Reason Test
In determining whether sufficient reason for the extension of time exists, the court should take into account not only the considerations relevant to the applicant's inability or failure to take the essential procedural step in time, but also any other considerations that might impel a court of justice to excuse a procedural lapse and incline to a hearing on the merits, including the promptitude with which the remedial application is brought, the public importance of the matter, and the prejudice that may be occasioned to either party by the grant or refusal of the application.
Extension of Time — Factors to Consider
Factors to be considered in determining whether to extend time include the length of the delay, the reasons for the delay, the degree of prejudice the respondent stands to suffer if time is extended, whether the applicant was diligent, and whether there is a point of law of sufficient importance.
Extension of Time — Public Interest Considerations
Matters of great public importance, including electoral matters that affect the constitution of the Executive and Legislature, are relevant considerations in determining whether to grant an extension of time, as disruption of such processes could create a power vacuum and constitutional crisis.
Affidavit Evidence — Presumption of Truth
An affidavit is evidence on oath; a fact stated therein is taken to be true unless there is credible evidence to the contrary.

Legislation cited (8)

  • Treaty for the Establishment of the East African Community Article 30
  • East African Court of Justice Rules 2019 Rule 3(1)
  • East African Court of Justice Rules 2019 Rule 4
  • East African Court of Justice Rules 2019 Rule 5
  • East African Court of Justice Rules 2019 Rule 6
  • East African Court of Justice Rules 2019 Rule 32(1)
  • East African Court of Justice Rules 2019 Rule 47
  • East African Court of Justice Rules 2019 Rule 52

Cases cited (7)

  • Male H. Mabirizi Kiwanuka v Attorney General of the Republic of Uganda (Consolidated Applications Nos. 4 and 6 of 2019)
  • Prof. Anyang' Nyongó and 10 Others v Attorney General of Kenya (Application No. 1 of 2006)
  • Anthony Calist Komu v Attorney General of the Republic of Tanzania (Reference No. 7 of 2012)
  • Managing Editor Mseto and Another v Attorney General of the Republic of Tanzania (Applications Nos. 3 and 4 of 2019)
  • Attorney General of Uganda v Media Legal Defence Initiative (MDLI) and 19 Others (Consolidated Applications Nos. 4 and 6 of 2018)
  • Godfrey Magezi v National Medical Stores (EACJ Appeal No. 2 of 2016)
  • Tumsifu Kimaro v Mohamed Mshindo (Civil Application No. 28/17 of 2017)

Full judgment

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

Attorney General of Republic of Uganda v Kiwanuka (Application No.25 of 2020; Application No.26 of 2020) [2021] EACJ 5 (7 October 2021)
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.