Wakilii

Attorney General of the Republic of Burundi v Rugo Farm Company (Application No. 8 of 2023)

East African Court of Justice · [2025] EACJ 20 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file appeal following striking out of Appeal No. 7 of 2022 for procedural defects
Decision
Application for extension of time granted with directions for filing appeal documents within specified timelines

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that an application for extension of time after an appeal has been struck out is not res judicata because the struck-out appeal was not determined on merit. Rule 5 of the East African Court of Justice Rules of Procedure, 2019 confers wide discretion to extend time even after an appeal has been struck out. The Court granted the application, finding that the six-day delay was not inordinate, the omissions were genuine mistakes of counsel, and the intended appeal was not frivolous. The Applicant was granted seven days to file and serve a notice of appeal.

Outcome

Application for extension of time granted with directions for filing appeal documents within specified timelines

Facts

The Attorney General of Burundi filed Appeal No. 7 of 2022 against a judgment of the First Instance Division in Reference No. 14 of 2018, which had found that Burundi violated the Treaty by expropriating Rugo Farm Company's land. On 23 November 2023, the Appellate Division struck out the appeal for failure to serve the notice of appeal on the Respondent within the prescribed time and failure to include a copy of the notice of appeal in the record of appeal. Six days later, on 29 November 2023, the Applicant filed this application for extension of time to restart the appeal process. The Respondent opposed the application on grounds of res judicata and lack of merit.

Issues

  1. Whether the Court lacks jurisdiction to hear the application for extension of time because it is res judicata.
  2. Whether the Court should extend time for filing the appeal.
  3. What remedies are the parties entitled to.

Orders

  • Application allowed.
  • Applicant to file and serve notice of appeal within seven (7) days from the date of this ruling.
  • Applicant to file and serve Memorandum of Appeal and Record of Appeal within twenty-one (21) days from the date of filing the notice of appeal.
  • Costs of the Application awarded to the Respondent.

Rules and key headnotes

Civil Procedure — Extension of Time — Res Judicata — Application After Appeal Struck Out
An application for extension of time to file an appeal after a previous appeal has been struck out is not res judicata because the struck-out appeal was not heard and determined on merit but was merely found to be technically incompetent.
Civil Procedure — Extension of Time — Distinction Between Dismissal and Striking Out
There is a fundamental difference between an appeal that has been dismissed and one that has been struck out. A dismissed appeal has been substantively heard and found without merit, whereas a struck-out appeal has not been considered on merit but only found to be technically incompetent.
Civil Procedure — Extension of Time — Scope of Rule 5 — Power to Extend After Expiry
Rule 5 of the East African Court of Justice Rules of Procedure, 2019 confers wide and unfettered discretion on the Court to extend time for sufficient reason, whether before or after the expiration of the prescribed time and whether before or after the doing of the act, including after an appeal has been struck out.
Civil Procedure — Extension of Time — Factors for Exercise of Discretion
In determining whether to grant extension of time, the Court considers the length of delay, the reason for delay, the chances of the appeal succeeding, the degree of prejudice to the respondent, the effect of delay on public administration, and takes a broad purposive approach with its eyes firmly fixed on the beacon of justice.
Civil Procedure — Extension of Time — Genuine Mistake of Counsel
Genuine mistake of counsel is normally accepted as sufficient reason for extension of time. The door of justice is not closed because a mistake has been made, and the court ought to do whatever is necessary to rectify it if the interests of justice so dictate.
Civil Procedure — Extension of Time — Assessment of Chances of Success
When considering chances of success of an intended appeal in an application for extension of time, the Court must walk a thin line lest it prejudge an appeal which is not before it. The consideration is to be invoked only in the clearest of cases that the appeal is utterly hopeless.
Civil Procedure — Extension of Time — Balancing Prejudice — Right of Appeal
In balancing prejudice, where the applicant stands to lose the right of appeal conferred by statute if extension is refused, while the respondent will only be delayed in realising the fruits of judgment but will eventually enjoy them if the appeal fails, the applicant suffers the greater prejudice.

Legislation cited (4)

  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 35A
  • East African Court of Justice Rules of Procedure, 2019 rule 5

Cases cited (9)

  • James Katabazi & 21 others v Secretary General, East African Community & another (Reference No. 1 of 2007)
  • Dr. Christophe Mpozayo v Attorney General of the Republic of Rwanda (Consolidated Applications Nos. 6, 7, and 8 of 2019)
  • Boney M. Katatumba v Waheed Karim (Application No. 27 of 2007)
  • Ngoni Matengo Cooperative Marketing Union v Ali Mohamed Osman (1959) EA 577
  • Mironko Francois Xavier v Attorney General of the Republic of Rwanda (Application No. 15 of 2022)
  • Secretary General of the East African Community v Sitenda Sebalu (Application No. 9 of 2012)
  • Godfrey Magezi v National Medical Stores (Appeal No. 2 of 2016)
  • Belinda Murai & 9 others v Amos Wainaina (CA No. Nai. 9 of 1978)
  • Peter Anyang' Nyong'o & 10 Others v Attorney General of the Republic of Kenya (Applications Nos. 1 and 2 of 2010)

Full judgment

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

Attorney General of the Republic of Burundi v Rugo Farm Company (Application No. 8 of 2023) [2025] EACJ 20 (28 November 2025)
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.