Coming up for ruling: on 7th October 2021.
Application filed: on 4th & 8th September 2020.
Article: 30 of the Treaty for the Establishment of the East African Community.
Rules: 4, 5, 32(1), 47 & 52 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Extension of time to serve a response & orders striking out the same.
In Application No. 25, the Applicant (Attorney General of the Republic of Uganda), seeks for extension of time to serve response to the Reference on the Respondent (Male H. Mabirizi K. Kiwanuka) out of time. Alternatively, the response be validated, and costs of the Application be in the cause.
The Attorney General of the Republic of Uganda submits to have intended to file and serve the response on August 6th 2020, but was unable to do so due to reasons beyond his control. It is his 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 he is to serve the response and or validate the late service in the interest of justice.
The Respondent (Male H. Mabirizi K. Kiwanuka) 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. He filed Application No. 25 of 2020 seeking for orders striking out the Attorney General of Uganda response for not being served within 45 days required by law and costs of the application.
In Reference No. 18 of 2020 Male H. Mabirizi K. Kiwanuka vs The Attorney General of the Republic of Uganda, the Applicant (Male H. Mabirizi K. Kiwanuka) 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 encompass 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.
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