Wakilii

Komol Emmanuel I v Hon. Lokeris Samson (Election Petition Application No. 21 of 2022)

Court of Appeal · [2022] UGCA 373 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to strike out an election petition appeal for failure to take essential steps within time.
Decision
Application to strike out the appeal dismissed; appeal to proceed on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The applicant sought to strike out an election petition appeal alleging the respondent failed to take essential steps. The Court held the Memorandum of Appeal, though fees were paid on the last day (9 September 2021), was filed within the seven days prescribed. The Record of Appeal was proved filed on 8 October 2021, the last day permitted, evidenced by stamped copies attached to the affidavit in reply; absence of a copy on the court file did not prove non-filing. On service, the applicant fell within the second category of respondents under Rule 88(2) as he had not complied with Rule 80, so no fixed seven-day timeline applied and no prejudice was shown. The application was dismissed with costs.

Outcome

Application to strike out the appeal dismissed; appeal to proceed on its merits

Facts

In the parliamentary elections held on 14 January 2021, the applicant was declared the validly elected member of Parliament for Dodoth East County Constituency, Kaabong District, with an 11-vote margin over the respondent runner-up. The respondent lodged Election Petition No. 01 of 2021 in the High Court at Soroti, which was dismissed with costs on 31 August 2021 following a successful preliminary objection. The respondent appealed to the Court of Appeal (Election Petition Appeal No. 09 of 2021). The respondent filed a written Notice of Appeal on 2 September 2021, the Memorandum of Appeal received 8 September 2021 with fees paid 9 September 2021, and the Record of Appeal received 8 October 2021. The applicant filed the present application on 11 February 2022 to strike out the appeal, alleging failure to take essential steps: late filing of the Memorandum, non-filing of the Record, and non-service of the Record within time.

Issues

  1. Whether the respondent filed the Memorandum of Appeal within the time prescribed by the rules.
  2. Whether the respondent failed to file the Record of Appeal within the prescribed time.
  3. Whether the respondent failed to serve the Record of Appeal on the applicant within the prescribed time.

Orders

  • Application dismissed.
  • Costs to the respondent.
  • The appeal to be disposed of on its merits at a date to be subsequently notified to the parties.

Rules and key headnotes

Election Petition Appeals — Striking Out — Rule 82 Judicature (Court of Appeal) Rules — Essential Steps
A person served with a notice of appeal may apply to strike out an appeal where no appeal lies or an essential step in the proceedings has not been taken or was not taken within the prescribed time, and such rules apply to election petition appeals by virtue of Rule 36 of the Parliamentary Elections (Election Petitions) Rules.
Election Petition Appeals — Computation of Time — Filing Memorandum of Appeal
In computing the seven-day period for filing a Memorandum of Appeal after a written notice of appeal, the date the notice was filed is excluded, and a Memorandum received and for which fees are paid on the last day of that period is filed within the prescribed time.
Record of Appeal — Proof of Filing — Absence of Copy on Court File
A litigant has no control over how registry staff handle documents after lodging; the absence of a copy of the Record of Appeal on the court file does not by itself prove failure to file where the appellant produces copies bearing the court's received stamp.
Service of Record of Appeal — Categories of Respondents — Rules 80 and 88 Judicature (Court of Appeal) Rules
A respondent who has not lodged and served a notice of address for service under Rule 80 falls within the second category under Rule 88(2), for whom the time for service of the Record of Appeal is set by the court on application or of its own motion, and not the automatic seven-day period applicable to compliant respondents.

Legislation cited (11)

  • Judicature (Court of Appeal) Rules r.2(2)
  • Judicature (Court of Appeal) Rules r.43(1)
  • Judicature (Court of Appeal) Rules r.43(2)
  • Judicature (Court of Appeal) Rules r.80
  • Judicature (Court of Appeal) Rules r.82
  • Judicature (Court of Appeal) Rules r.83(1)(b)
  • Judicature (Court of Appeal) Rules r.88
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.30
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.31
  • Parliamentary Elections (Election Petitions) Rules S.I. No. 141-2 r.36
  • Interpretation Act Cap. 3 s.34(1)(a)

Cases cited (4)

  • UNTA Exports Ltd v Customs [1970] 1 EA 648
  • Kasibante Moses v Electoral Commission (Election Petition Application No. 7 of 2012)
  • Bakiite Leonard v Ampaire Kizito Nseko & 2 Ors (Election Petition Appeal No. 027 of 2022)
  • Electoral Commission v Mwosuko Jacob (Election Petition Appeal No. 42 of 2022)

Full judgment

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

Komol Emmanuel I v Hon. Lokeris Samson (Election Petition Application No. 21 of 2022) [2022] UGCA 373 (6 May 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.