Coming up for hearing: on 4th March 2022.
Application filed: 12th July 2021.
Rules: 4, 5 & 52 of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Extension of time.
The Applicant, Attorney General of the Republic of Uganda seek for orders enlarging time to file and serve a response to Reference No. 17 of 2020 out of time. Alternatively, his response to the Reference filed and served on the Respondent be validated and costs be in the cause.
Further contends, the Application has been filed without unnecessary delay, the subject matter of the Reference is of great public importance and administration of justice requires the substance of all disputes be investigated and decided on merits, and errors and lapses should not debar the Applicant from pursuit of their rights.
Additionally, the Applicant is not guilty of dilatory conduct and error on the part of Counsel should not be visited on the Applicant. The Applicant has a good defence to the Respondent’s Reference with a possibility of success, ready and willing to prosecute its case and to comply with any orders that the Court would be pleased to grant.
That, it is just and equitable the Court grants the orders sought in this Application in the interest of justice and the Applicant will suffer grave prejudice if such orders sought are not granted.
The Respondent in strong opposition to this Application argues inter alia that, by the time of lock down in Uganda, the Respondent had long defaulted on filing the response and being the same government, which imposed the lockdown, it cannot use it as an excuse to default on its obligations.
Further, there has been a three-month delay in filing this Application and the importance of matters raised in the Reference is a reason why the Application should be dismissed so that the Reference proceeds, evidence on record be relied upon and failure to respond to the Reference is not a mere error or lapse but a substantive point.
Moreover, clients are bound by actions and errors of their lawyers and if aggrieved they can sue for professional negligence. Applicant has not demonstrated good defence, and after wilful default to defend the Reference, he can not now claim to be ready to prosecute the Reference he did not defend.
The Respondent therefore submits that, he will be prejudiced by delay to get justice due to participation of a defaulter in the proceedings and equity and fairness dictate the Application be dismissed with costs.
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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