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Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022)

East African Court of Justice · [2023] EACJ 3 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated applications for extension of time to file appeals out of time from a decision of the Principal Judge denying admission as amicus curiae
Decision
Applications dismissed for lack of jurisdiction

Observed later treatment

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Holding

The Court held that it lacked jurisdiction to entertain applications for extension of time to appeal from a decision of a single judge denying admission as amicus curiae. Under Rule 69(3) of the East African Court of Justice Rules of Procedure, a party dissatisfied with a decision of a single judge must apply to the full bench of the First Instance Division for review, not directly to the Appellate Division. The consolidated applications were dismissed as misconceived for having been filed in the wrong court.

Outcome

Applications dismissed for lack of jurisdiction

Facts

The 1st Applicant filed Reference No. 14 of 2020 seeking declarations that Uganda's water release policy violated the EAC Treaty. The 2nd Applicant, an NGO, sought leave to appear as amicus curiae in that reference. The Principal Judge, sitting as a single judge under Rule 60(2), denied the request by letter dated 15th December 2021. Both applicants filed separate applications for extension of time to appeal the Principal Judge's decision, which were consolidated. The 6th Respondent objected on grounds of jurisdiction and locus standi, arguing that appeals from single judge decisions must first go to the full bench of the First Instance Division under Rule 69(3), not directly to the Appellate Division.

Issues

  1. Whether the Court has jurisdiction to determine the application for extension of time to appeal from a decision of a single judge.
  2. Whether the letter by the Principal Judge dated 15th December 2021 was a decision of the Court.
  3. Whether the 1st Applicant had locus standi to appeal the decision of the Principal Judge contained in the letter dated 15th December 2021.

Orders

  • Consolidated Application dismissed.
  • Each party to bear their own costs.

Rules and key headnotes

Appellate Jurisdiction — Appeals from Single Judge Decisions — Proper Forum
Under Rule 69(3) of the East African Court of Justice Rules of Procedure 2019, a party dissatisfied with a decision of a single judge must apply to the full bench of the First Instance Division to have the decision varied, discharged or reversed, and may not appeal directly to the Appellate Division.
Amicus Curiae — Quorum for Admission Applications
An application for leave to appear as amicus curiae may be determined by the President or Principal Judge sitting as a single judge pursuant to Rule 60(2) of the East African Court of Justice Rules of Procedure 2019, and such applications are not interlocutory matters requiring a full bench.
Jurisdiction — Statutory Interpretation — Court Rules
Jurisdiction is a creature of statute and court rules must be followed strictly to ensure the orderly conduct of proceedings and prevent forum shopping. Rules 60(2) and 69(1)-(3) must be read together harmoniously to give effect to each provision.
Appellate Jurisdiction — Misconceived Applications
An application filed in the wrong court is misconceived and must be dismissed for lack of jurisdiction, regardless of the merits of the underlying dispute.

Cases cited (3)

  • Johnson Omunyakol v Attorney General of the Republic of Uganda (Appeal No. 4 of 2017)
  • Mohammed Alibhai v W.E. Bukenya Mukasa and Another (Civil Appeal No. 56 of 1996)
  • Attorney General of Kenya and Prof. Anyang' Nyongo' and 10 Others (Application No. 1 of 2010)

Full judgment

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

Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022) [2023] EACJ 3 (24 February 2023)
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.