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Dott Services Limited & Anor v Attorney General (MISC. CAUSE NO. 0133 OF 2016)

High Court · [2016] UGHCCD 81 · 2016 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex-parte application for extension of time to file judicial review application
Decision
Application granted; time extended by fourteen days for filing judicial review application

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the court has discretion under rule 5(1) of the Judicature Judicial Review Rules 2009 to extend time where there is good reason. Where applicants were unaware of a commission of inquiry report until after the statutory period had elapsed and only obtained a copy of the report four and a half months after it was signed, good reason existed to extend time by fourteen days to file judicial review proceedings.

Outcome

Application granted; time extended by fourteen days for filing judicial review application

Facts

The applicants sought to challenge by judicial review the findings and recommendations of a commission of inquiry into alleged mismanagement, abuse of office and corrupt practices at Uganda National Roads Authority. The commission's report was signed on 29 January 2016. The applicants did not learn of the report's existence until 27 May 2016 when they read about its presentation to the President in a newspaper. They requested a copy from the Attorney General but received no response. On 14 June 2016, the applicants obtained five of six volumes of the report from a third party. The statutory three-month period under the Judicature Judicial Review Rules 2009 had expired. The applicants applied ex-parte for an extension of time within which to file their judicial review application, stating they were adversely affected by the findings which they alleged were false, unfounded and procedurally improper.

Issues

  1. Whether the court should exercise its discretion under rule 5(1) of the Judicature Judicial Review Rules 2009 to extend time for filing an application for judicial review.
  2. Whether the applicants had good reason for the delay in filing their judicial review application beyond the three-month statutory period.

Orders

  • Application for extension of time allowed.
  • Applicants granted fourteen days from the date of this order to file their application for judicial review.
  • Costs of the application to be in the cause.

Rules and key headnotes

Judicial Review — Extension of Time — Discretion of Court — Good Reason
Under rule 5(1) of the Judicature Judicial Review Rules 2009, the court has discretion to extend the three-month period for filing a judicial review application where it considers there is good reason for the extension. The discretion must be exercised judiciously and based on the circumstances of the particular case.
Administrative Law — Judicial Review — Time Limits — Lack of Knowledge of Decision
Where an applicant was unaware of an administrative decision or report until after the statutory time period for judicial review had elapsed, and took reasonable steps to obtain a copy but only succeeded well after the report was signed, good reason exists to extend time to allow the substantive dispute to be investigated and decided on merit.

Legislation cited (1)

  • Judicature Judicial Review Rules 2009 r.5(1)

Cases cited (2)

  • Khabusi Building Contractors, Furniture Center Limited v Andrew Kayeki & Anor (Misc. Application No. 359 of 2013)
  • Kuluo Joseph Andrew & 2 Ors v Attorney General & 6 Ors (Misc. Cause No. 106 of 2010)

Full judgment

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

Dott Services Limited & Anor v Attorney General (MISC. CAUSE NO. 0133 OF 2016) [2016] UGHCCD 81 (12 July 2016)
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.