Robert Kitariko v David Twino Katama (ELECTION PETITION MKA No. 2 OF 1981) [1982] UGSC 1 (9 November 1982);


Search Summary: 

The respondent was granted leave to appeal against the trial court’s interlocutory orders in an election petition, filed a notice of appeal but took no further step to prosecute the appeal. The applicant prayed that the notice of appeal be struck out.

Headnote and Holding: 

The court held that an interlocutory order made by a judge in an election petition was appealable with the leave of the court by virtue of sections 68 and 77 of the Civil Procedure Act and Ord 40 r1(2) of the rules.The court held that the rules of court had to be obeyed, and, in order to justify the extension of time during which some step in procedure required to be taken, there had to be some material ground on which the court could exercise its discretion.


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