[2007] UGSC 28
The Supreme Court held that the Parliamentary Elections (Election Petition) Rules, not the general Supreme Court Rules, govern the time limits for filing election petition appeals in the Supreme Court. These rules require the memorandum of appeal to be filed within 7 days and the record of appeal within 30 days of...
Source-derived case information.
- Citation
- [2007] UGSC 28
- Parties
- Applicant: Loi Kageni Kiryapawo; Applicant: Electoral Commission; Respondent: Gole Nicholas Davis
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Application 15 of 2007
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice and Appeal for Late Filing
- Outcome
- Application partially allowed; extension of time granted; costs to applicant for one counsel.
- Judges
- Odoki, CJ, Tsekooko, JSC, Mulenga, JSC, Katureebe, JSC, Kanyeihamba, JSC
- Legal Topics
- Election Petition Appeals, Time Limits for Filing, Applicable Procedural Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loi Kageni Kiryapawo
Applicant
Electoral Commission
Applicant
Gole Nicholas Davis
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice and Appeal for Late Filing
Legal Issues
- 1 Whether the Parliamentary Elections (Election Petition) Rules or the Supreme Court Rules govern the time limits for filing election petition appeals in the Supreme Court.
- 2 Whether the memorandum and record of appeal were filed out of time and if so, whether the appeal should be struck out or extension of time granted.
Ratio Decidendi
The Supreme Court held that the Parliamentary Elections (Election Petition) Rules, not the general Supreme Court Rules, govern the time limits for filing election petition appeals in the Supreme Court. These rules require the memorandum of appeal to be filed within 7 days and the record of appeal within 30 days of receipt of the record. Since the respondent filed both documents 45 days after receipt, the appeal was technically out of time and thus incompetent. However, due to the apparent misunderstanding by counsel regarding the applicable rules, and in the interest of justice, the court declined to strike out the appeal. Instead, the court granted an extension of time up to the date the...
Court Disposition
Application partially allowed; extension of time granted; costs to applicant for one counsel.
Orders
- Extension of time granted to the respondent to file the appeal up to 1st October 2007.
- Applicant awarded costs of the application, certified for one counsel only.
Full Case Text
Judgment text and source record
22 paragraphs
## THE REPUBLIC OF UGANDA
### IN THE SUPREME COURT OF UGANDA AT KAMPALA
# **CIVIL APPLICATION NO. 15 OF 2007** (ARISING FROM ELECTION PETITION APPEAL NO. 0010 OF 2006)
#### 1. LOI KAGENI KIRYAPAWO 2. ELECTORAL COMMISSION::::::::::::::::::::::::::::::::::
## **VERSUS**
## GOLE NICHOLAS DAVIS::::::::::::::::::::::::::::::::::::
[CORAM: ODOKI, CJ; TSEKOOKO, JSC; MULENGA. JSC KANYIEHAMBA, JSC; KATUREEBE, JSC
# **RULING OF COURT**
This is an application to strike out a notice of appeal and the appeal on the ground that both the memorandum of appeal and the record of appeal were filed out of time.
The applicant contends that the Parliamentary Elections (Election Petition) Rules apply to election appeals lodged in the Supreme Court. According to these rules a memorandum of appeal must be filed within 7 days and a record of appeal must be filed within 30 days of receipt of the record.
In the present case, the memorandum of appeal and record of appeal were filed on 1<sup>st</sup> October 2007, 45 days after receipt of the record, and therefore out of time.
On the other hand, counsel for the respondent that the Parliamentary Elections arques (Election Petition) Rules do not apply to the election appeals in the Supreme Court, but it is the Supreme Court Rules which apply. These rules require memorandum and record of appeal to be filed within 60 days of receipt of the record of proceedings. Therefore, according to counsel for the respondent the memorandum of appeal and · record of proceedings were filed in time.
our view the Parliamentary Elections In (Election Petition) Rules are the proper rules to apply to election petition appeals since they were made with a specific objective of expediting the hearing of election petitions. .
Accordingly, we find that the memorandum of appeal and the record of appeal filed on $1^{st}$ October 2007 were filed out of time. The appeal is therefore incompetent. However, in the interest of justice we are not inclined to strike out the appeal, considering the apparent misunderstanding by counsel for the respondent of the applicable rules.
the alternative prayer that the We accept respondent be granted extension of time in which to file the appeal, up to 1<sup>st</sup> October 2007 being the day on which he filed the record of appeal.
The applicant will have the costs of this application. We certify costs for one counsel only.
Dated at Mengo this $17^{th}$ day of October,
2007. zam ODOKI $B, V$
CHIEF JUSTICE
$BC$ J. W. N TSEKOOKO JUSTICE OF THE SUPREME COURT
J. N. MULENGA JUSTICE OF THE SUPREME COURT Gill anzahamba<br>G. W. KANYEIHAMBA JUSTICE OF THE SUPREME COURT Buckatur $L$
KATUREEBE JUSTICE OF THE SUPREME COURT