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Odia v Osege (Hct-09-cv- Cr. No. 0003 2012)

High Court · [2012] UGHC 132 · 2012 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review of LC.III court decision
Decision
Application struck out for being filed out of time without leave of court

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application for judicial review seeking certiorari must be made promptly and in any event within three months from the date of the judgment complained of. Where an applicant seeks to quash a decision made 15 years earlier without first obtaining leave to extend time, the application is not properly before court and must be struck out.

Outcome

Application struck out for being filed out of time without leave of court

Facts

The applicants sought judicial review of a decision made by the LC.III court of Soroti Sub-county on 29 October 1997, some 15 years earlier. They sought certiorari to quash the original suit, arguing it should have been filed in the Omalera LC.I village court instead. They also sought mandamus ordering a fresh trial in a competent court and general damages for inconvenience. The respondent opposed the application, stating he had enjoyed quiet possession of the suit land for 15 years and the first applicant had shown no interest in challenging the decision during that period. The application was filed on 14 February 2012.

Issues

  1. Whether the application for judicial review was filed within the time prescribed under Rule 5 of the Judicature (Judicial Review) Rules 2009.

Orders

  • Application struck out.
  • Costs awarded to the respondent.

Rules and key headnotes

Judicial Review — Time Limits — Applications for Certiorari
An application for judicial review must be made promptly and in any event within three months from the date when the grounds for the application first arose. Where the relief sought is certiorari in respect of any judgment or order, the date when the grounds first arose is taken to be the date of the judgment or order or when the judgment is brought to the notice of the parties.
Judicial Review — Extension of Time — Leave Required
An applicant who seeks judicial review outside the three-month statutory period must first obtain leave of court to extend the time within which to bring the application. An application filed after expiration of the prescribed period without such leave is not properly before court.
Civil Procedure — Striking Out — Applications Filed Out of Time
Where an application for judicial review is filed 15 years after the impugned decision without leave to extend time, the court will strike out the application without determining its merits.

Legislation cited (5)

  • Judicature Act s.36
  • Judicature (Judicial Review) Rules 2009 r.5
  • Judicature (Judicial Review) Rules 2009 r.6
  • Judicature (Judicial Review) Rules 2009 r.7
  • Judicature (Judicial Review) Rules 2009 r.8

Full judgment

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

Odia v Osege (Hct-09-cv- Cr. No. 0003_2012) [2012] UGHC 132 (9 July 2012)
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.