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Kaweesa v Uganda Free Zones Authority and Another (Civil Miscellaneous Application No. 454 of 2021)

High Court · [2021] UGHCCD 95 · 2021 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for extension of time to file judicial review application out of time
Decision
Application for extension of time granted; applicant to file judicial review application within 15 days

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an affidavit commissioned by an advocate from the same firm as counsel in personal conduct does not offend the Commissioner for Oaths (Advocates) Act where the commissioning advocate is not personally conducting the matter. The court further held that dismissal of a suit on a procedural time bar does not make a subsequent application for extension of time res judicata, as the time limit under the Judicial Review Rules is subject to the court's discretion to extend. The applicant demonstrated good cause for extension where she required signed Board Minutes and an Auditor General's report to ground her application.

Outcome

Application for extension of time granted; applicant to file judicial review application within 15 days

Facts

The applicant was employed as Manager Legal and Compliance of the 1st respondent on a four-year contract from 1 January 2016, renewed for one year on 1 January 2020. On 8 January 2021, the 1st respondent's Board renewed her contract for two years subject to a six-month Performance Improvement Plan with allegedly impossible targets. The applicant contended this decision disregarded her performance appraisal and the respondent's HR procedures. She filed a judicial review application (M.C. 131 of 2021) which was struck out as time-barred. She then filed this application seeking extension of time, averring she could not file within time because the Board Minutes she needed were only signed on 29 March and 12 April 2021, and the Auditor General's Report was received on 17 March 2021. The respondents opposed, arguing the application was res judicata and that Board Resolutions signed in December 2020 were sufficient foundation for timely filing.

Issues

  1. Whether the affidavit in reply filed by the Respondents is defective?
  2. Whether this application is res judicata?
  3. Whether the Applicant has demonstrated justifiable cause for extension of time within which to file an application for judicial review?

Orders

  • Time is extended for the Applicant to file the application for judicial review against the Respondents' actions.
  • The Applicant shall file the application within 15 days from the date of delivery of this Ruling.
  • The costs of this application shall be in the cause.

Rules and key headnotes

Commissioner for Oaths — Commissioning of Affidavits — Advocate from Same Firm
An advocate who is not in personal conduct of a matter does not offend Section 4(1) of the Commissioner for Oaths (Advocates) Act by commissioning an affidavit in that matter, even where another advocate from the same firm is in personal conduct, provided the commissioning advocate is not personally concerned with or interested in the proceedings.
Res Judicata — Dismissal on Procedural Grounds — Time Bar
Where a suit is dismissed on account of a time bar that does not extinguish the cause of action, the dismissal does not make a subsequent suit res judicata. For the doctrine of res judicata to apply, the matter must have been heard and determined on its merits.
Judicial Review — Extension of Time — Discretion of Court
Rule 5(1) of the Judicature (Judicial Review) Rules 2009 sets a three-month time limit for filing judicial review applications but grants the court discretion to extend time where good reason is shown. Where a party invokes the court's discretion after an earlier application is dismissed for being out of time, the dismissal does not preclude the party from seeking extension of time, as the time limit is subject to the court's discretionary power to extend.
Judicial Review — Extension of Time — Good Reason
Good or sufficient reason for extension of time to file a judicial review application must relate to the inability or failure to take the particular step in time. Where an applicant requires official Board Minutes and an Auditor General's report to ground the application, and these documents only became available after the three-month limitation period had begun to run, this constitutes good cause for extension of time.

Legislation cited (11)

Cases cited (13)

  • Okidi and 4 Others v Odok W (Election Petition No. 9 of 2011)
  • Masukhal Ramji Karia and Another v Attorney General (Supreme Court Civil Appeal No. 20 of 2000)
  • Tukamuhebwa George and Others v Attorney General and Another (Constitutional Petition No. 59 of 2011)
  • Sam Akankwatsa v United Bank of Africa (U) Ltd (High Court Miscellaneous Application No. 40 of 2019)
  • Boutique Shazim Ltd v Norattam Bhatia and Another (Court of Appeal Civil Appeal No. 36 of 2007)
  • Onzia Elizabeth v Shaban Fadul (High Court Civil Appeal No. 19 of 2013)
  • Ponsiano Semakula Vs Susane Magala & Others, 1993 KALR 213
  • Maniraguha Gashumba v Sam Nkundiye (Court of Appeal Civil Appeal No. 23 of 2005)
  • Bithum Charles v Adoge Sally (High Court Civil Suit No. 20 of 2015)
  • Ganatra v. Ganatra [2007] 1 EA 76
  • Attorney General and Another v Charles Mark Kamoga (Miscellaneous Application No. 1018 of 2015)
  • William Odoi Nyandusi v Jackson Oyuko Kasendi (Court of Appeal Civil Application No. 32 of 2018)
  • Rosette Kizito v Administrator General and Others (Supreme Court Civil Application No. 9 of 1986)

Full judgment

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

Kaweesa v Uganda Free Zones Authority and Another (Civil Miscellaneous Application No. 454 of 2021) [2021] UGHCCD 95 (6 August 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.