Wakilii

Attorney General of the Republic of Uganda v Musoni (Application No.10 of 2019)

East African Court of Justice · [2021] EACJ 6 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file response to reference out of time
Decision
Application granted; time enlarged and response validated

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the application was properly brought under the 2013 Rules which were still in force at the time of filing in September 2019, as the 2019 Rules only came into force on 1 February 2020. The Court found sufficient reason to grant extension of time where the Applicant acted diligently but was delayed by the need to obtain information from government agencies beyond his control, and brought the application promptly after receiving instructions. Time was enlarged and the Response validated.

Outcome

Application granted; time enlarged and response validated

Facts

The Applicant (Attorney General of Uganda) was served with notification of a Statement of Reference on 17 June 2019. The Applicant was required to file a Response within 45 days under Rule 32(1) of the EACJ Rules. The Applicant only received instructions and relevant information from government agencies on 16 September 2019, and filed the Response and this Application on 19 September 2019, outside the 45-day period. The Respondent opposed the application, arguing that the Applicant deliberately delayed the process and that the application was brought under revoked 2013 Rules. The Applicant contended that the delay was beyond his control and that he acted promptly once he received the necessary information from government agencies.

Issues

  1. Whether Application No.10 of 2019 was properly brought before the Court, having been filed under revoked Rules of Procedure.
  2. Whether the Application discloses sufficient reasons for the Court to grant extension of time within which the Applicant should file his answer to the Reference.

Orders

  • Application succeeds.
  • Time within which to file and serve the Response in Reference No.11 of 2019 is enlarged.
  • The Response filed in Court and served on the Applicant on 10 June 2021 is validated.
  • Costs of the Application shall abide the outcome of the Reference.

Rules and key headnotes

Civil Procedure — Extension of Time — Applicable Rules — Application Filed Under Rules in Force at Time of Filing
Where rules of procedure are published but a commencement date is appointed by notice in the gazette, an application filed before the commencement date is properly brought under the previous rules that were in force at the time of filing, notwithstanding that the new rules had been published.
Civil Procedure — Extension of Time — Sufficient Reason — Delay Beyond Applicant's Control
Sufficient reason for extension of time exists where an applicant acts diligently to obtain information necessary to file a response but is delayed by the need to obtain that information from third parties beyond the applicant's control, and brings the application for extension promptly after receiving the information.
Civil Procedure — Extension of Time — Discretion of Court — Factors to Consider
In determining whether sufficient reason exists for extension of time, the court should consider not only the applicant's inability to take the procedural step in time, but also 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.

Legislation cited (8)

  • Treaty for Establishment of the East African Community Article 30
  • East African Court of Justice Rules 2019 Rule 1(2)
  • 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 21
  • East African Court of Justice Rules 2019 Rule 30
  • East African Court of Justice Rules 2019 Rule 32(1)
  • East African Court of Justice Rules of Procedure 2013 Rule 4

Cases cited (2)

  • Prof. Anyang' Nyong'o & 10 Others v Attorney General of the Republic of Kenya (Application No.1 of 2010)
  • Godfrey Magezi v National Medical Stores (EACJ Appeal No.2 of 2016)

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 Musoni (Application No.10 of 2019) [2021] EACJ 6 (8 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.