Wakilii

Attorney General of the Republic of Uganda v Kiwanuka (Application No.9 of 2021)

East African Court of Justice · [2022] EACJ 21 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enlargement of time to file and serve Response to Reference No. 17 of 2021
Decision
Application granted; time enlarged for filing and serving Response; late-filed Response validated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court granted the application for enlargement of time to file and serve the Response to Reference No. 17 of 2021. The Court held that the Applicant demonstrated sufficient reasons for the delay, namely inadvertence by registry staff and the COVID-19 lockdown imposed by the Government of Uganda from 18 June to 30 July 2021. The Court took judicial notice of the difficulties caused by COVID-19 and found that the Respondent would not be prejudiced by allowing the late filing.

Outcome

Application granted; time enlarged for filing and serving Response; late-filed Response validated

Facts

On 13 April 2021, the Respondent filed Reference No. 17 of 2021 before the East African Court of Justice challenging certain acts and decisions of the executive, legislature and judiciary of Uganda. The Applicant (Attorney General of Uganda) was unable to file and serve the Response within the prescribed time. The Applicant's registry staff inadvertently placed the file containing the Reference among files due for payment of court awards and compensation. The file was discovered by the Accounts Department at a later date and returned to the Civil Registry on 15 June 2021, by which time the deadline had elapsed. On 18 June 2021, the Government of Uganda imposed a COVID-19 lockdown with movement restrictions lasting until 30 July 2021. The Applicant filed the Response on 30 June 2021 and served it on 8 July 2021. The Applicant then filed this application seeking enlargement of time or validation of the late service.

Issues

  1. Whether the Court should grant the application for enlargement of time to file and serve the Response to the Reference.
  2. Whether the reasons advanced by the Applicant constitute sufficient reason under Rule 5 of the East African Court of Justice Rules of Procedure, 2019.

Orders

  • Application granted.
  • Time within which to file and serve the Response to Reference No. 17 of 2021 is enlarged.
  • The Response to the Reference filed by the Applicant is validated.
  • The Respondent is at liberty to file a Reply within the time prescribed in the Rules.
  • Costs of the Application shall abide the outcome of the Reference.

Rules and key headnotes

Civil Procedure — Extension of Time — Sufficient Reason — Discretion of Court
The granting of an extension of time is a matter of judicial discretion which must be exercised judiciously based on facts placed before the Court, and the Court has wide discretion to grant extension of time if it considers that the interest of justice would be served by such extension.
Civil Procedure — Extension of Time — Sufficient Reason — Factors to Consider
In determining whether to grant an extension of time, the Court will consider whether a reason prevented the applicant from taking the essential step in time, whether there is prejudice to the other party, whether shutting out the applicant would cause injustice, whether there are prospects for success of the reference, and whether the application was brought promptly.
Civil Procedure — Extension of Time — COVID-19 Lockdown — Sufficient Reason
A COVID-19 lockdown imposed by government with consequential restrictions on movement constitutes sufficient reason for failure to file court documents within prescribed time limits, and the Court will take judicial notice of the difficulties caused by the pandemic to public servants and litigants.

Cases cited (10)

  • Mabirizi v Attorney General of Uganda (Consolidated Applications No. 4 & 6 of 2019)
  • Komu v Attorney General of Tanzania (Reference No. 7 of 2012)
  • Managing Editor MSETO & Hali Halisi Publishers Ltd v Attorney General of Uganda (Applications No. 3 & 4 of 2019)
  • Kananura v Kaijuka (Civil Reference No. 15 of 2016)
  • Media Council of Tanzania & 2 Others v Attorney General of Tanzania (EACJ Application No. 05 of 2019)
  • Kasasa v Bwogi (Civil Appeal No. 42 of 2008)
  • FORSC & Others v Burundian Journalists' Union & Attorney General of Burundi (Application No. 2 of 2014)
  • Attorney General of Kenya v Prof. Anyang' Nyong'o & 10 Others (EACJ Application No. 4 of 2009)
  • Magezi v National Medical Stores (EACJ Appeal No. 2 of 2016)
  • Secretary General of the East African Community v Hon. Sitenda Sebalu (Application No. 9 of 2012)

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 Uganda v Kiwanuka (Application No.9 of 2021) [2022] EACJ 21 (27 September 2022)
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.