Uganda Case Law

Attorney General of the Republic of Rwanda v Kalali (Application No.6 of 2020)

Attorney General of the Republic of Rwanda v Kalali (Application No.6 of 2020) [2022] EACJ 15 (23 June 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application No.6 of 2020

Judge

Masara PJ, Muhumuza J, Nyachae J, Nyawello J, Wejuli J

The court found that all three requirements for the doctrine of res judicata were satisfied: (1) the parties in Application No. 1 of 2020 and the instant application are identical; (2) the matter in issue—extension of time to file an additional affidavit—is directly and substantially the same; and (3) Application No. 1 of 2020 was heard and determined by way of dismissal, constituting a final decision. The applicant had the opportunity to withdraw the defective affidavit and seek a different remedy but chose not to do so. The court was not persuaded by the applicant's argument that the previo…

Source excerpt

• Res Judicata
• Extension Of Time
• Affidavit Filing
• Procedural Bar

Mwiru Paul v National Council for Higher Education and Others

Mwiru Paul v National Council for Higher Education and Others (Civil Appeal No 86 of 2017) [2021] UGCA 230 (9 September 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 86 of 2017

Judge

Madrama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA

The Court of Appeal allowed a reference by consent, extending time for agreed additional evidence, validating the appellant’s affidavit in rejoinder, and awarding costs in the cause.

• Extension Of Time
• Admission Of Additional Evidence
• Affidavit Filing
• Procedural Fairness
• Extension-of-time
• Additional-evidence