Wakayima Musoke Nsereko v Hon. Kasule Robert Sebunya (Miscellaneous Application 10 of 2016)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The respondent raised a preliminary objection arguing that, on a 'first in, first out' basis, his earlier-filed application to strike out the Notice of Appeal should be heard before the applicant's application for extension of time. The single judge overruled the objection, holding that an application for extension of time may be heard even where there is a pending application to strike out an appeal. The order of filing is immaterial, and a striking-out application neither bars an extension application nor divests the court of jurisdiction to extend time. The court was therefore competently constituted and ordered the matter to proceed on the merits.

Outcome

Preliminary objection overruled; application for extension of time to proceed for hearing on the merits before the single judge.

Facts

The applicant filed a Notice of Appeal on 20 July 2016 against the judgment and orders in Election Petition No. 04 of 2016, but failed to file the Memorandum of Appeal within seven days. The respondent filed Miscellaneous Application No. 9 of 2016 on 3 August 2016 seeking to strike out the Notice of Appeal for that failure. The applicant filed the present application (Miscellaneous Application No. 10 of 2016) on 4 August 2016 seeking extension of time within which to file and serve the Memorandum of Appeal. The Memorandum of Appeal in Election Appeal No. 50 of 2016 had been filed on 2 August 2016, some five days after expiry of the stipulated period. At the hearing before a single judge, counsel for the respondent raised a preliminary objection that the earlier-filed striking-out application should be determined first.

Issues

1. Whether a single judge can proceed to hear an application for extension of time when there is a pending application to strike out a Notice of Appeal and intended appeal to be determined by the full bench.

Orders

• Preliminary objection overruled.
• Matter to proceed for hearing on the merits.

Rules and key headnotes

Legislation cited (3)

• Judicature (Court of Appeal) Rules SI 13-10 r.5
• Parliamentary Elections (Election Petitions) Rules r.34
• Parliamentary Elections (Election Petitions) Rules r.36

Cases cited (3)

• Congo Trading Corporation Ltd v Alzahiri A. Wissanji (Civil Application No. 89 of 2010)
• Godfrey Magezi & Another v Sudhir Ruparelia (Miscellaneous Application No. 6 of 2003)
• Hajji Nurdin Matovu v Ben Kiwanuka (Civil Application No. 12 of 1991)

Cases citing this judgment (5)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• The Omukama of Tooro v Kagoro (HCT-01-LD-CR-0006-2017)
• Spenser George William v Abbas Agaba and Another (Election Petition Application 4 of 2017)
• Engola and Another v Ayena Odongo (Consolidated Election Petition Application No. 37 and 76 of 2016)
• Kakembo v Bikako and Another (Election Petition Application 32 of 2016)
• Kakembo Micheal v Bikako and Another (Election Petition Application No.32 of 2016)

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