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23 Jun 2022

Civil Procedure [2022] EACJ 15

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

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26 Sept 2012

Administrative Law [2012] UGHC 197

Kawooya v Jinja Municipal Council (Misc. Cause No. 0056 of 2011)

Kawooya v Jinja Municipal Council (Misc. Cause No. 0056 of 2011) [2012] UGHC 197 (26 September 2012)

Court: High Court of Uganda
Case number: Misc. Cause No. 0056 of 2011

The application for judicial review was filed outside the mandatory three-month period prescribed by Rule 5(1) of the Judicature (Judicial Review) Rules, 2009. The grounds for the application first arose on 08/06/2011, when the applicant was rejected as Deputy Mayor by majority vote in a council meeting. Subsequent events, such as approval of minutes and consultations, did not alter the date when the cause of action arose. The applicant failed to demonstrate sufficient grounds for extension of time, and the lack of approved minutes or pending ministerial advice were matters of evidence, not r…