Coming up for hearing: on 28th June 2021.
Application filed: on 4th September 2020.
Rules: 4, 5 & 52 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Extension of time to serve response to the Respondent.
The Applicant, Attorney General of the Republic of Uganda, seeks for extension of time to serve response to the Reference on the Respondent out of time. Alternatively, the response to the Reference, served on the Applicant be validated, and costs of the Application be in the cause.
The Applicant submits to have intended to file and serve the response to the Reference on August 6th 2020, but was unable to do so due to reasons beyond his control. It is the Applicant submission that, the Respondent will not suffer any prejudice by the orders sought and it is just and equitable that the Court enlarges the time within which the Applicant is to serve the response to the Reference and or validate late service on the Respondent in the interest of justice.
The Respondent opposes the Application on among other grounds that, it is based on falsehood because the response was received, signed and sealed the same day by Kampala sub-registry. That, upon being served with the response, he realized that it was out of time and received under protest. Therefore, allowing the Application will highly prejudice him in a sense that, he will be subjected to inter party hearing of a case with a party who is not compliant with time lines yet he is entitled to a speedy and controversy- free hearing.
In Reference No. 18 of 2020 Male H. Mabirizi K. Kiwanuka vs The Attorney General of the Republic of Uganda the Applicant alleges that, the decisions/directives contained in the Uganda Revised Road Map for 2020/2021 General Elections issued by the Uganda Electoral Commission on 16th June 2020 are unlawful and infringements on the fundamental and operational principles of the community which include good governance including adherence to the principles of democracy, the rule of law, accountability, transparency and the maintenance of universally accepted standards of human rights.
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