THE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA v. MEDIA LEGAL DEFENCE INITIATIVE (MDLI) AND 19 OTHERS

Case Number CONSOLIDATED APPLICATIONS NOs 4 AND 6 OF 2018 (ARISING FROM APPEAL NO. 1 of 2018)
Summary

This was an Application for extension of time to appeal against a ruling in the First Instance Division. In that Application, the Court allowed the Respondents to be joined as amicus in Reference NO. 16 of 2014.
RespondentMEDIA LEGAL DEFENCE INITIATIVE (MDLI)AND 19 OTHERS
ComplainantTHE ATTORNEY GENERAL OF THE REPUBLIC OF UGANDA
Date filed
CountriesUganda
KeywordAmici curiae , Extension of time , Sufficient reason
Treaty ArticleRule 4 , Rule 82 , Rule 84 , Rules of Procedure 2013

First Instance Judgment

Verdict
PDF document
Date delivered
Quorum

Appeal Judgment

VerdictThe Court in its considered view ruled that there was clear evidence of the need to review Rule 36 of the Rules of the Court with regard to the admission of amicus brief and avoid "trials within a trial" at the expense of disposing the main Reference. The Court also ruled that it was erroneous to have lumped together the Applications for the Intervener and Amicus Curiae under the same Rule 36 of the Rules of the Court. The reason that the State Attorney was going on maternity leave and hence filed the Notice of Appeal in the wrong Registry was not a sufficient reason. The Court also noted that substantive Justice should be promoted and such perceived error of Counsel should not be used to prejudice litigants. The lack of promptness by the Applicant has stalled Reference NO. 16 of 2014 in the Trial Court and the Interest of Justice is that the main Reference should proceed to avoid further miscarriage of Justice. For the above reasons, the Application was dismissed.
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Date deliveredMay 28, 2019
Quorum