[2007] UGSC 1

[2007] UGSC 1

The Supreme Court held that the Parliamentary Elections (Election Petition) Rules, designed to expedite election petition hearings, are the proper rules to apply to election petition appeals. The memorandum of appeal and record of appeal were filed out of time according to these rules, rendering the appeal incompetent. However, in the interest of justice and considering the respondent's misunderstanding of the applicable rules, the court declined to strike out the appeal and instead granted an extension of time up to the date the record was filed.

Citation
[2007] UGSC 1
Parties
Applicant: Loi Kageni Kiryapawo; Applicant: Electoral Commission; Respondent: Gole Nicholas Davis
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
17 October 2007
Procedural Posture
Civil Application / Ruling
Outcome
Extension of time granted for filing the appeal; costs awarded to applicant for one counsel.
Judges
Mulenga, JSC, Kanyeihamba, JSC, Mukasa-Kikonyogo, JSC, Oder, JSC, Karokora, JSC
Legal Topics
Election Petition Appeals, Extension of Time, Appellate Procedure
Source Language
English
Election Petitions Civil Procedure Election Petition Appeals Extension of Time Appellate Procedure

Case Brief

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Parties

Loi Kageni Kiryapawo

Applicant

Electoral Commission

Applicant

Gole Nicholas Davis

Respondent

Procedural Posture

Civil Application / Ruling

Legal Issues

  1. 1 Whether the memorandum of appeal and record of appeal were filed out of time under the applicable rules.
  2. 2 Which set of rules governs the filing of election petition appeals in the Supreme Court: the Parliamentary Elections (Election Petition) Rules or the Supreme Court Rules.
  3. 3 Whether the appeal should be struck out for being filed out of time or extension of time should be granted.

Ratio Decidendi

The Supreme Court held that the Parliamentary Elections (Election Petition) Rules, designed to expedite election petition hearings, are the proper rules to apply to election petition appeals. The memorandum of appeal and record of appeal were filed out of time according to these rules, rendering the appeal incompetent. However, in the interest of justice and considering the respondent's misunderstanding of the applicable rules, the court declined to strike out the appeal and instead granted an extension of time up to the date the record was filed.

Court Disposition

Extension of time granted for filing the appeal; costs awarded to applicant for one counsel.

Orders

  • Extension of time to file the appeal is granted up to 1st October 2007.
  • Applicant is awarded costs of the application, certified for one counsel only.