Nakayenze Connie Galiwango v Wanyoto Lydia Mutende (Election Petition Application No. 003 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The applicant sought to strike out the respondent's notice of appeal, memorandum of appeal and record of appeal in an election petition appeal for late filing. The Court noted that in an earlier ruling (Election Miscellaneous Application No. 11/2021) it had already denied the respondent's application to validate the late filing or extend time, and struck out the notice, memorandum and record of appeal. As the respondent therefore had no valid appeal pending, the present application to strike out the same documents had been overtaken by events. The application was accordingly dismissed with no order as to costs.
Outcome
Application dismissed as overtaken by events; no order as to costs
Facts
The applicant filed an application seeking to strike out the respondent's notice of appeal, memorandum of appeal and record of appeal in Election Petition Appeal No. 63 of 2021, on the ground that the respondent had failed to file the memorandum and record of appeal within the time prescribed by law. Earlier, on 28 October 2021, the respondent had filed Election Appeal Miscellaneous Application No. 11/2021 seeking to validate her late-filed memorandum and record of appeal, for leave to file out of time, and for extension of time. In its ruling on that application, the Court denied the application and struck out the notice, memorandum and record of appeal. The effect was that the respondent had no valid appeal before the Court.
Issues
- Whether the respondent's notice of appeal, memorandum of appeal and record of appeal should be struck out for failure to file within the prescribed time.
- Whether the application had been overtaken by events following the dismissal of the respondent's application for extension of time.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
- Judicature (Court of Appeal Rules) Directions Rule 43(1)
- Judicature (Court of Appeal Rules) Directions Rule 43(2)
- Judicature (Court of Appeal Rules) Directions Rule 44
- Judicature (Court of Appeal Rules) Directions Rule 82
- Parliamentary Elections (Interim Provisions) (Election Petitions) Rules Rule 30
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.