Wakilii

Kiwanuka v Attorney General of the Republic of Uganda (Application No.44 of 2022 (Arising from Reference No.43 of 2022))

East African Court of Justice · [2025] EACJ 11 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out Respondent's Response for late service in underlying Reference proceedings
Decision
Application to strike out Response dismissed; Response validated and proceedings to continue

Observed later treatment

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Holding

The Court dismissed an application to strike out the Respondent's Response for being served one day late. Applying Rules 4 and 5 of the EACJ Rules, the Court found sufficient reason to excuse the one-day delay where the Respondent had filed the Response within time, the delay in service was caused by genuine difficulty accessing the Applicant in a maximum-security prison, and the Applicant had filed a Reply without protest, thereby waiving objection to the delay.

Outcome

Application to strike out Response dismissed; Response validated and proceedings to continue

Facts

The Applicant filed Reference No. 43 of 2022 and was served on the Respondent on 1st September 2022. The Respondent filed its Response on 14th October 2022, within the 45-day period prescribed by Rule 32(1) of the EACJ Rules. However, service on the Applicant, who was incarcerated at Luzira Upper Maximum-Security Prison, was only effected on 18th October 2022. The 45th day fell on Sunday 15th October 2022, meaning service should have been completed by Monday 17th October 2022 at the latest. The Respondent served one day late on Tuesday 18th October 2022. The Applicant brought this Application seeking to strike out the Response for late service. The Respondent attributed the delay to genuine difficulty in locating and gaining access to the Applicant in a maximum-security prison and made no prior application for extension of time. The Applicant filed a Reply to the Response without objection or protest.

Issues

  1. Whether the Respondent's service of the Response on 18th October 2022 was out of time.
  2. Whether the Response ought to be struck out or whether the Court should exercise its discretion to regularise the pleading.
  3. Costs of the Application.

Orders

  • Application dismissed.
  • Respondent's Response to Reference No. 43 of 2022 validated as properly before the Court.
  • Costs in the cause.

Rules and key headnotes

Civil Procedure — Time Limits — Extension of Time — Discretion to Excuse Delay
The Court has discretion under Rules 4 and 5 of the EACJ Rules to extend time limits for sufficient reason, even after expiration of the prescribed period, balancing procedural compliance with the interests of justice.
Civil Procedure — Service of Pleadings — Late Service — Waiver by Conduct
Where a party receives a pleading served out of time and proceeds to file a responsive pleading without objection or protest, that party implicitly waives the right to later object to the delay and cannot claim prejudice from the late service.
Civil Procedure — Extension of Time — Sufficient Cause — Practical Difficulties
Genuine practical difficulty in effecting service, such as locating and gaining access to a party incarcerated in a maximum-security prison, constitutes sufficient cause to excuse a minor delay in service where the pleading itself was filed within time.
Civil Procedure — Striking Out Pleadings — Substantive Justice over Technicality
Courts should prioritize substantive justice over strict procedural adherence, particularly where a one-day delay in service causes no prejudice and striking out the pleading would prevent the Court from considering evidence from both sides fully.

Cases cited (4)

  • Tiberio Okeny vs Attorney General of Uganda, Civil Appeal No. 51 of [year not stated]
  • Male H. Mabirizi K. Kiwanuka v Attorney General of Uganda (EACJ Consolidated Applications Nos. 4 & 6 of 2019)
  • Independent Medico Legal Unit v Attorney General of Kenya (EACJ Application No. 2 of 2012)
  • 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.

Kiwanuka v Attorney General of the Republic of Uganda (Application No.44 of 2022 (Arising from Reference No.43 of 2022)) [2025] EACJ 11 (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.