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Uganda decisions
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Muliro v Wakalawo (Election Petition Application No.9 of 2017) [2017] UGCA 11 (12 May 2017)
The Court of Appeal dismissed an application to extend time for filing a memorandum of appeal in an election petition matter, finding the delay inexcusable and the notice of appeal liable to be struck out.
Abiriga Ibrahim Y.A v Musema Mudathir Bruce (Election Petition Application No.24 of 2016) [2017] UGCA 2 (6 January 2017)
The Court held that the computation of time for filing a Memorandum of Appeal in election matters is governed by Rule 30 of the Parliamentary Elections (Election Petitions) Rules. The Notice of Appeal was given on 24th June 2016, so the seven-day period expired on 1st July 2016. The respondent filed the Memorandum of Appeal on 5th July 2016, four days out of time, and did not seek extension or validation. The Court rejected the respondent's argument that the period should run from the date the Notice was lodged with the Registrar, holding that the relevant date is when the Notice is given. Th…
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Old East African Trading Co. Ltd v Vellani and Company (C.A. 10/1936.) [1936] EACA 92 (1 January 1936)
The court held that the time taken to obtain leave to appeal cannot be deducted from the three-month period prescribed for filing a memorandum of appeal under Rule 8 of the East African Court of Appeal Rules, 1925. The applicant failed to provide a sufficient explanation for the delay in applying for a certified copy of the decree and did not act with the required diligence. The duty to ensure the decree is drawn up and available for appeal lies with the party wishing to appeal. In the absence of special circumstances, the court declined to exercise its discretion to grant leave to appeal out…
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