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Government Explains Delayed Response in Age Limit Case

Government through the Attorney General, has called upon the East African Court of Justice to validate their Response to the Reference filed in this court out of the 45days mandatory period.

In the application filed at the First Instance Division of the regional tribunal, in Arusha on 2nd August 2019, government says they had planned to serve the respondent (Male Mabirizi) on the 20th of June 2019, but this was not possible due to reasons beyond their control.

“It is only just and equitable that court enlarges the time which the applicant is to serve the Answer/Response to the Reference out of time in the interest of justice,” the Attorney General said.

In an affidavit to support this application sworn by Moses Opio, a Records Assistant in Attorney General’s chambers, he says he was informed by his senior Martin Mwambustya, the commissioner in charge of civil litigation that the respondent will not suffer any prejudice as a result of orders being sought by the applicant.

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“I was unable to serve the documents to the respondent by 5.00 O’clock due to heavy traffic jam from the East Africa Court of Justice in Kololo, ot the applicant’s registered address of service”

Earlier on in June Mabirizi had asked court to strike out the Respondent’s (Attorney General) Answer to the Reference on grounds that it was served after the expiry of the 45 days period provided for under the laws governing this court

Mabirizi added that the same Response contained general and evasive denials which made it unfit to stay on court’s record

In April this year the majority judgment of Supreme court justices led by the Chief justice Hon Bart Katureebe dismissed the consolidated appeal by Uganda Law society, Six Members of Parliament and Mabirizi as it upheld the Age limit constitutional amendments

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Mabirizi, unhappy with the decision, petitioned the East African court of justice seeking nullification of the Age Limit Law as amended by Parliament

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