[2014] EACJ 145
The Court found that the First Applicant failed to provide sufficient reasons to justify a further extension of time to file documents proving its legal status. The Court was not satisfied that the grounds advanced met the threshold required under Rule 4 of the Court's Rules of Procedure. Consequently, the...
Source-derived case information.
- Citation
- [2014] EACJ 145
- Parties
- Applicant: Uganda Association of South Sudan Ltd; Respondent: Attorney General of Uganda; Applicant: 3 Others (Applicants); Respondent: 5 Others (Respondents)
- Court
- East African Court of Justice
- Jurisdiction
- Uganda
- Procedural Posture
- Reference / Ruling on Preliminary Objection and Application for Extension of Time
- Outcome
- Application for extension of time denied; First Applicant struck out from proceedings.
- Judges
- Butasi JA, Jundu JA, Lenaola JA, Mugenyi JA, Ntezilyayo JA
- Legal Topics
- Extension of Time, Corporate Status, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda Association of South Sudan Ltd
Applicant
Attorney General of Uganda
Respondent
3 Others (Applicants)
Applicant
5 Others (Respondents)
Respondent
Procedural Posture
Reference / Ruling on Preliminary Objection and Application for Extension of Time
Legal Issues
- 1 Whether the First Applicant was properly before the Court as a body corporate.
- 2 Whether sufficient grounds were furnished to warrant extension of time to file documents proving the First Applicant's legal status.
Ratio Decidendi
The Court found that the First Applicant failed to provide sufficient reasons to justify a further extension of time to file documents proving its legal status. The Court was not satisfied that the grounds advanced met the threshold required under Rule 4 of the Court's Rules of Procedure. Consequently, the application for extension of time was denied, and the First Applicant was struck out from the proceedings for being improperly before the Court.
Court Disposition
Application for extension of time denied; First Applicant struck out from proceedings.
Orders
- Leave to extend time for filing documents proving legal status is denied.
- The First Applicant is struck out from the present proceedings.
Full Case Text
Judgment text and source record
18 paragraphs
## **IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA**
## *(Coram: Hon Justices Jean Bosco Butasi, PJ; Isaac Lenaola, DPJ; Faustin Ntezilyayo, J; Monica K. Mugeny, J and Fakihi A. Jundu, J)*
## **REFERENCE NO. 08 OF 2013**
**UGANDA ASSOCIATION OF SOUTH SUDAN LTD & 3 OTHERS …………………………….… APPLICANTS**
**VERSUS**
**THE ATTORNEY GENERAL OF UGANDA & 5 OTHERS ………………….……………………. RESPONDENTS**
## **RULING OF THE COURT**
- 1. On 4th September 2014 the First Respondent lodged its Certificate of Incorporation and Memorandum and Articles of Association in this Court. - 2. At today's Scheduling Conference the First and Third Respondents raised preliminary points of law premised on Rule 24(4) of the Court's Rules of Procedure contending that the First Applicant, as a body corporate, was improperly before this Court. - 3. The First Applicant responded to the objections raised by conceding that its Certificate of Incorporation and Memorandum and Articles of Association were indeed improperly on the court record. Counsel for the First Applicant thereupon withdrew the said documents and, as provided by Rule 4 of this Court's Rules, sought leave of Court to extend the time within which it could properly file the same. - 4. The leave of court sought by learned Counsel today is in addition to leave in respect of the same subject matter that had been previously sought by the First Applicant and granted by this Honourable Court on 11th June 2014.
- 5. We find that Rule 4 upon which the present application is premised hinges on a party that seeks to rely thereon furnishing sufficient grounds for the grant of the leave sought. - 6. Having heard from all the parties on this matter we find no sufficient reason to grant the leave sought by the First Applicant. We are not satisfied that the First Applicant has furnished us with such reasons as would warrant a further extension of the time within which it may lodge documents in proof of its legal status. - 7. In the result, we decline to grant the leave sought by the First Applicant and do hereby strike out the First Applicant from the present proceedings.
Dated at Arusha this **5 th day** of **September 2014**.
| ------------------------------------------------------------------------ | | |--------------------------------------------------------------------------|--| | HON. JUSTICE JEAN BOSCO BUTASI | | | PRINCIPAL JUDGE | | | | |
**----------------------------------------------------------------------------- HON. JUSTICE ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE**
**-------------------------------------------------------------------------- HON. JUSTICE DR. FAUSTIN NTEZILYAYO JUDGE**
**----------------------------------------------------------------------------**
**HON. LADY JUSTICE MONICA K. MUGENYI JUDGE**
**------------------------------------------------------------------------- HON. JUSTICE FAKIHI A. JUNDU JUDGE**