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Mujungu v Tumwineand Another (Election Petition Appeal No. 26 of 2022) [2022] UGCA 129 (28 March 2022)
- Citation
- [2022] UGCA 129
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Musota, JA, Gashirabake, JA
- Case number
- Election Petition Appeal No. 26 of 2022
- Language
- English
More details
- Court
- Court of Appeal of Uganda
- Panel
- Kiryabwire, JA, Musota, JA, Gashirabake, JA
- Case number
- Election Petition Appeal No. 26 of 2022
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court, guided by the responsibility of advocates to their clients and the duty to dispense substantive justice, accepted the parties' consent to withdraw the applications seeking to strike out the appeal. The Court allowed the validation of the Memorandum of Appeal and Record of Appeal in Election Petition Application No. 26 of 2022, holding that the extension and validation were justified in the interests of justice. Each party was ordered to bear their own costs, reflecting the consensual resolution of the procedural dispute.
Court disposition
Application for extension and validation allowed by consent; related applications withdrawn; each party to bear own costs.
Orders
- Time for filing and serving the Memorandum of Appeal and Record of Appeal in Election Petition Appeal No. 77 of 2021 is extended and/or validated.
- Applications No. 25 of 2022 and No. 29 of 2022 are withdrawn by consent of the parties.
- Each party shall bear their own costs.
02
Material facts
Parties
Mujungu Jennifer
Applicant Counsel: Jude ByamukamaTumwine Anne Mary
Respondent Counsel: Thomas Ochaya & Esawa IsingomaElectoral Commission
Respondent Counsel: Erick Sabit03
Procedural history
Posture
Election Petition Application / Ruling on Application for Extension and Validation
04
Questions and positions
Legal issues
- 01
Whether the time within which to file and serve the Memorandum of Appeal and Record of Appeal in Election Petition Appeal No. 77 of 2021 should be extended or validated.
- 02
Whether Applications No. 25 of 2022 and No. 29 of 2022 seeking to strike out the appeal should be withdrawn by consent of the parties.
Party arguments
- Applicant
- The applicant sought extension and/or validation of time to file and serve the Memorandum of Appeal and Record of Appeal, arguing that the delay was not intentional and that substantive justice should be dispensed. The applicant relied on the court's discretion under the relevant rules to grant the orders sought.
- Respondent
- Initially, both respondents opposed the application and filed separate applications to strike out the appeal for non-compliance with procedural timelines. However, after guidance from the court and consultations with their clients, both respondents agreed by consent to withdraw their respective applications and not oppose the validation sought by the applicant.
05
Court’s reasoning
Legal principles
- 01
Rules 19 & 35 of the Parliamentary Elections (Election Petitions) SI 141-2; Rules 2(2) & 5 of the Judicature (Court of Appeal) Rules Directions SI 13-10.
Court has discretion to extend time and validate documents in election petition appeals where justice so requires.
- 02
General principles of civil procedure and case management.
Consent of parties can be used to resolve procedural disputes and facilitate substantive justice.
06
Ratio, limits and disposition
Ratio decidendi
The Court, guided by the responsibility of advocates to their clients and the duty to dispense substantive justice, accepted the parties' consent to withdraw the applications seeking to strike out the appeal. The Court allowed the validation of the Memorandum of Appeal and Record of Appeal in Election Petition Application No. 26 of 2022, holding that the extension and validation were justified in the interests of justice. Each party was ordered to bear their own costs, reflecting the consensual resolution of the procedural dispute.
Obiter and limits
- The Court emphasized the importance of professional courtesies among advocates in facilitating the efficient administration of justice.
- The Court noted that substantive justice should not be sacrificed at the altar of technicalities, especially where parties are willing to resolve procedural disputes by consent.
Court disposition
Application for extension and validation allowed by consent; related applications withdrawn; each party to bear own costs.
- Time for filing and serving the Memorandum of Appeal and Record of Appeal in Election Petition Appeal No. 77 of 2021 is extended and/or validated.
- Applications No. 25 of 2022 and No. 29 of 2022 are withdrawn by consent of the parties.
- Each party shall bear their own costs.
Source and reliance status
Court of Appeal of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal of Uganda
Judgment
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA (COA)AT KAMPAI. A
ELECTION PETITION APPLICATION NUMBER 0026 OF 2022
MUJUNGU JENNIFER ( ========= <sup>=</sup>APPLICANT
VS
1. TUMWINE ANNE MARY 2. ELECTORALCOMMISSION
=RESPONDENTS
CORAM: HON. MR. JUSTICE GEOFFREY KIRYABWIRE, JA
HON. MR. JUSTICE MUSOTA STEPHEN, JA
HON. MR. JUSTICE GASHIRABAKE CHRISTOPHER, JA
RULING OF COURT
This is an Application by way of Notice of Motion under Rules 19 & 35 of the Parliamentary Elections (Election Petitions) Sl L4L-2, Rules 2(2) & 5 of the Judicature (court of Appeal) Rules Directions s.l 13-10 seeking for orders that time within which to file and serve Memorandum of Appeal and the Record of Appeal in Election Petition Appeal No.77 of 2O2t be extended and/or to validate the Memorandum of Appeal and the Record of Appeal in this Appeal and the costs of Application.
When this Application was called up for hearing, Counsel Jude Byamukama appeared for the Applicant, Mr. Thomas ochaya & Esawa lsingoma represented the 1't Respondent and Mr. Erick Sabit for the 2nd Respondent.
court found that there also existed another Application No. 25 of 2022, which was filed on 15th February, 2022by the 1't Respondent seeking to strike out the Appeal
and also Application No. 29 of 2022 filed by the 2nd Respondent (Electoral Commission) on 17th Februa ry,2022 also seeking the same Orders on substantially the sa me grou nds.
For purposes of case management, court inquired whether lawyers could extend professionalcourtesies across the bar and accept the validation in this Application and withdraw Applications No. 25 of 2022 and No. 29 of 2022 and deal with the Appeal. Mr. Thomas Ochaya for the Applicant in Application No. 25 of <sup>2022</sup> informed Court that he had no instructions to withdraw the Application. For such reasons the hearing was stood over for the lawyers to consult their respective clients.
When court resumed, Mr. Thomas Ochaya informed Court that he had now received instructions to withdraw the Application and Mr' Eric Sabit for the Application No. 29 of 2022 also conceded to withdraw the Application.
Consideration of court.
After guidance by Court on the role of Advocates to their clients and responsibility to the Court to dispense substantive justice the parties by consent agreed to withdraw the Applications.
This Court by reason of the consent of the parties now allows the validation in Election Petition Application No. 26 of 2022, and the withdrawal of Applications No.25 of 2022 and No.29 of 2022 by reason of the said concessions each party bearing their own costs.
Dated at Kampala this l--. tr day of t< 4t. <sup>H</sup> 2022.
,
HON. MR. JUSTICE GEOFFREY KIRYABWIRE
JUSTICE OF APPEAT
HON. MR. JUSTICE MUSOTA STEPHEN
JUSTICE OF APPEAT
HON. MR. JUSTICE GASHIRABAKE CHRISTOPHER
JUSTICE OF APPEAL
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