Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISCELLANEOUS APPLICATION No. 39 OF 2001

THE ENVIRONMENTAL ACTION NETWORK LTD............ APPLICANT
VERSUS

1. ATTORNEY GENERAL


2. NATIONAL ENVIRONMENT MENAGEMENT
   AUTHORITY..........................................................RESPONDENTS

BEFORE: THE HON. JUSTICE MR. J. H NTABGOBA

Civil Procedure: Whether the application for leave to appeal was made within the
stipulated time.
Civil Procedure: Whether an application can be amended without leave of court.

On 10 th September 2001 the applicants filed an application for leave to appeal at the court of
appeal with a title “in the Court of Appeal of Uganda...” without an accompanying affidavit. The
applicants were granted an adjournment to amend the notice of motion instead they filed a fresh
application with a supporting affidavit on 15th October 2001.

When the matter came up for hearing, counsel for the respondent objected to the application on
grounds that it was time barred as it was not brought within 14 days from date of order intended
to be appealed against.

HELD:

1. The second application for leave to appeal was filed out of time.


2. The second application could not amend the first one without leave of court.


3. Since the first application filed out in time was withdrawn, there was no application to
   amend and the second application was filed out of time.

Application struck out.

Editorial Notes: This matter eventually was refered to the court of appeal where it was
discussed.