The Court of Appeal struck out a second appeal for being filed out of time and without compliance with mandatory appellate procedure, leaving the merits unaddressed.
Bukenya and Another v Kirumira and 2 Others (Miscellaneous Application No. 64 of 2021) [2023] UGCA 86 (9 March 2023)
Court
Court of Appeal of Uganda
Case number
Miscellaneous Application No. 64 of 2021
Judge
Musoke, JA, Gashirabake, JA, Luswata, JA
The Court found that the 1st respondent, after filing the notice of appeal and requesting the record of proceedings, failed to follow up and take the necessary step of lodging the memorandum of appeal within the mandatory 60-day period. The Registrar's notification regarding the readiness of the record was sent to the wrong firm, but the respondent and his lawyers were negligent in not actively following up for nearly four years. The applicants and their lawyers were under no duty to inform the respondent of the record's readiness. The Court held that mere request for proceedings does not abs…
Kirumira Hassan v Magara Patricia (Election Petition Application No 13 of 2021) [2022] UGCA 353 (6 May 2022)
Court
Court of Appeal of Uganda
Case number
Election Petition Application No 13 of 2021
Judge
Madrama Izama, JA, Luswata, JA, Egonda-Ntende, JA
The respondent, having filed a notice of appeal within the prescribed time, failed to take further essential procedural steps required by the Parliamentary Elections (Election Petition) Rules and the Judicature (Court of Appeal) Rules. Specifically, the respondent did not file the memorandum of appeal within 7 days after the notice of appeal, nor did she file the record of appeal within 30 days after the memorandum of appeal. Additionally, the respondent failed to serve a copy of the letter requesting for proceedings. These omissions constitute failures to take essential steps in prosecuting…