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19 May 2022

Election Petitions [2022] UGCA 316

Electoral Commission v Lubega

Electoral Commission v Lubega (Election Petition Appeal 17 of 2022) [2022] UGCA 316 (19 May 2022)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal 17 of 2022
Judge: Musoke, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA

The Court held that the respondent failed to serve the notice of appeal on the applicant within the mandatory seven-day period prescribed by Rule 78(1) of the Court of Appeal Rules. The time for service commenced upon presentation of the notice to the registry (4th October 2021), not upon endorsement by the registrar (6th October 2021). Service was effected on 13th October 2021, outside the prescribed period. The respondent did not apply for extension of time or seek validation of the late service, and thus failed to take an essential procedural step. The Court emphasized that strict complian…

Source excerpt

Notice Of Appeal Service
Timeliness Of Appeal
Striking Out Appeals
Parliamentary Elections Procedure

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6 Jan 2017

Election Petitions [2017] UGCA 2

Abiriga Ibrahim Y.A v Musema Mudathir Bruce

Abiriga Ibrahim Y.A v Musema Mudathir Bruce (Election Petition Application No.24 of 2016) [2017] UGCA 2 (6 January 2017)

Court: Court of Appeal of Uganda
Case number: Election Petition Application No.24 of 2016

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…