Coming up for hearing:       on 23rd March, 2023

Application filed:                  on 21st June, 2022.

Articles:                                 39 of the Treaty for the Establishment of the East Africa Community

Rules:                                     4, 32 (1), of the East African Court of Justice Rules of Procedure, 2019.

Subject matter:                     Application for extension of time.

 

The application is based on grounds that on 29th April 2022 the applicant’s process server Anthony Otoo was instructed by the applicant to deliver for filing the applicant’s Response to the Reference in the sub-registry of East African Court of Justice at Kampala and thereafter serve the Respondent in Kitalya Prison having established from the pleadings in Application No. 4 of 2022 that he was imprisoned in Kitalya Prison; that the Response was filed within the time prescribed under the Rules but were not served within time owing to unavoidable circumstances.

The Applicant states that the process server failed to find the Respondents at his address of services as stated in the Statement of Reference and later established that the Respondent had been transferred of Luzira whereupon he later served him with the Response to the Reference on 23rd May 2022 at Luzira prison.

The applicant contends that the delay to serve the Respondents Response to the Reference was unintended, inevitable and inadvertent. That the Respondent has not suffered any and will not suffer any prejudice if the orders sought by the applicant are granted thus it is the interests of justice that the application to be allowed and orders prayed for therein granted.

The Applicant the Attorney General of Uganda seeks orders that time be enlarged within which to serve the Response to the Reference on the Applicant out of time, and/or alternatively, that the Response to the Reference served on the Applicant be validated. He also seeks orders that costs of the application be in the cause.

 

 

This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org

Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org

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