Lutaaya v Efuraimu (Misc Cause No. 474 of 2022) [2022] UGHCLD 148 (30 June 2022)
Court
HC: Land Division (Uganda)
Case number
Misc Cause No. 474 of 2022
Judge
Nkonge, J
The High Court dismissed an application for stay of execution pending appeal after finding no timely notice of appeal and no proof of a filed extension application.
Electoral Commission v Lubega (Election Petition Application 17 of 2022) [2022] UGCA 335 (19 May 2022)
Court
Court of Appeal of Uganda
Case number
Election Petition Application 17 of 2022
Judge
Musoke, JA, Kibeedi, JA, Monica K. Mugenyi, JA
The Court of Appeal struck out an election petition appeal for late service of the notice of appeal, holding that time runs from lodging, not registrar endorsement.
Electoral Commission v Lubega (Election Petition Appeal 17 of 2022) [2022] UGCA 315 (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 respondent failed to serve the notice of appeal within the mandatory seven-day period prescribed by Rule 78(1) of the Court of Appeal Rules, as the notice was lodged on 4th October 2021 but only served on 13th October 2021. The respondent's argument that time should run from the registrar's endorsement is erroneous; the rules require service within seven days of lodging, not endorsement. No affidavit in reply was filed to justify or explain the delay, nor was any application made to extend time or validate the late service. The court reaffirms the strict interpretation of procedural timel…
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…