Court name
Court of Appeal of Uganda
Case number
Election Petition Appeal-11/12
Judgment date
13 December 2012

Epetait v Ismat (Election Petition Appeal-11/12) [2012] UGCA 34 (13 December 2012);

Cite this case
[2012] UGCA 34
Coram
Byamugisha, JA

THE REPUBLIC OF UGANDA

IN THE COURT OF APPEAL OF UGANDA

AT KAMPALA

 

CORAM:  MPAGI-BAHIGEINE,DCJ, BYAMUGISHA&KAVUMA, JJA

 

ELECTION PETITION APPEAL NO. 12/11

 

BETWEEN

 

EPETAIT FRANCIS::::::::::::::::::::::APPELLANT

 

AND

 

DR ISAMAT ABRAHAM::::::::::::::::RESPONDENT

 

[Appeal from the judgment and orders of the High Court of Uganda sitting at Soroti (Musalu- Musene J) dated 11th July 2011 in Election Petition No.02/10]

 

COURT ORDER

 

On 09 August 2012 the Registrar of this court received a letter from M/S Sam Njuba who represented the appellant, Dr Epetait Francis in the captioned petition. In the letter he was drawing our attention to the fact that this court did not address its mind to a certificate of two counsel which had been prayed for during submissions.

 We have noted that the letter in question was copied to counsel for the respondent who seem not to have raised any objection to the request.

 

The appellant was represented by two counsel. Rule 36 of the rules of this court empowers this court to correct any clerical or arithmetical mistake in any judgment arising in it from accidental slip or omission. The purpose is to give effect to the intention of court when judgment was given.

We think that this court omitted to award a certificate for two counsel as had been prayed for by Mr Njuba. We grant the request and our judgment is amended accordingly.

 

Dated at Kampala this…13th…day of…December...2012

 

A.E.N.Mpagi-Bahigeine

Deputy Chief Justice

 

C.K.Byamugisha

Justice of Appeal

 

S.B.K. Kavuma

Justice of Appeal.