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Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 5 of 2021) [2021] UGSC 66 (5 March 2021)
- Citation
- [2021] UGSC 66
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- Supreme Court of Uganda
- Panel
- Owiny-Dollo, DCJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Case number
- Miscellaneous Application 5 of 2021
- Language
- English
More details
- Court
- Supreme Court of Uganda
- Panel
- Owiny-Dollo, DCJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Case number
- Miscellaneous Application 5 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court granted leave to the applicant to withdraw Presidential Petition No. 1 of 2021, as the respondents did not object to the application and the procedural requirements for withdrawal were satisfied. The court reserved its decision on the issue of costs for a later ruling to be delivered on notice. The withdrawal was allowed in accordance with the relevant statutory provisions governing presidential election petitions and the Supreme Court's inherent powers to regulate its proceedings.
Court disposition
petition withdrawn with leave of court; costs reserved for later determination
Orders
- Leave is granted to the applicant to withdraw Presidential Petition No. 1 of 2021.
- The petition stands withdrawn.
- The reasons for withdrawal and determination of costs shall be contained in a ruling to be delivered on notice.
02
Material facts
Parties
Kyagulanyi Ssentamu Robert
ApplicantYoweri Museveni Tibuhaburwa
RespondentElectoral Commission
RespondentAttorney General
Respondent03
Procedural history
Posture
Miscellaneous Application / Withdrawal Ruling
04
Questions and positions
Legal issues
- 01
Whether leave should be granted for withdrawal of the presidential election petition.
- 02
Whether there are any objections to the withdrawal by the respondents.
- 03
Determination of costs following withdrawal.
Party arguments
- Applicant
- The applicant sought leave of the Supreme Court to withdraw Presidential Petition No. 1 of 2021. The application was supported by affidavits and submissions from counsel, asserting the applicant's intention to discontinue the petition.
- Respondent
- The respondents raised no objection to the application for withdrawal and did not contest the applicant's request for leave to withdraw the petition.
05
Court’s reasoning
Legal principles
- 01
Presidential Elections Act, Section 61; Supreme Court Rules
A petitioner may withdraw an election petition with leave of court, provided there is no objection from the respondents and the application complies with procedural requirements.
- 02
Supreme Court Practice; Presidential Elections Act
The determination of costs upon withdrawal of a petition is reserved for a subsequent ruling and is at the discretion of the court.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court granted leave to the applicant to withdraw Presidential Petition No. 1 of 2021, as the respondents did not object to the application and the procedural requirements for withdrawal were satisfied. The court reserved its decision on the issue of costs for a later ruling to be delivered on notice. The withdrawal was allowed in accordance with the relevant statutory provisions governing presidential election petitions and the Supreme Court's inherent powers to regulate its proceedings.
Court disposition
petition withdrawn with leave of court; costs reserved for later determination
- Leave is granted to the applicant to withdraw Presidential Petition No. 1 of 2021.
- The petition stands withdrawn.
- The reasons for withdrawal and determination of costs shall be contained in a ruling to be delivered on notice.
Source and reliance status
Supreme Court of Uganda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Uganda
Judgment
THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA
CORAM: OWINY - DOLLO C. J: KISAAKYE: ARACH-AMOKO: OPIO-AWERI; MWONDHA; MUGAMBA; MUHANGUZI; TUHAISE: CHIBITA: JJ. S. C:
MISCELLANEOUS APPLICATION NO. 05 OF 2021
(Arising from Presidential Petition No. 1 of 2021)
KYAGULANYI SSENTAMU ROBERT:::::::::::::::::::::::::::::::::::PPLICANT/PETITIONER 15
VERSUS
:::::::::::::::::::RESPONDENTS
- 1. YOWERI MUSEVENI TIBUHABURWA - 2. ELECTORAL COMMISSION - 3. ATTORNEY GENERAL
$\mathsf{S}$
RULING OF THE COURT
Upon careful consideration of the application, the supporting affidavits, the submissions of learned Counsel for the parties, the authorities relied on and the law;
And considering that the Respondents have no objection to the $25$ application for withdrawal, leave is hereby granted to the Petitioner as prayed; and the petition stands withdrawn.
The reasons for allowing the withdrawal and the determination of the issue of costs shall be contained in a Ruling to be delivered on notice.
$\mathbf{1}$
Dated at Kampala this 5<sup>th</sup> day of March, 2021 $5$
Alfonse C. Owiny - Dollo Chief Justice 10 saak . . . . . . . . . . . . . . . . . . . Dr. Esther Kisaakye Justice of the Supreme Court 15 $\overline{\mathbf{a}}$ Stella Arach-Amoko Justice of the Supreme Court 20 $\cdots \cdots \cdots$ Rubby Opio-Aweri Justice of the Supreme Court . . . . . . . . . . . . . . . . . Faith Mwondha 25 Justice of the Supreme Court . . . . . . . . . . . . . . . . . . . Paul Mugamba Justice of the Supreme Court 30 . . . . . . . . . . . . . . . . . Ezekiel Muhanguzi Justice of the Supreme Court 35
$\mathbf{2}$
$V$
Percy Night Tuhaise<br>Justice of the Supreme Court
$\cdots\cdots\cdots$
..
$\leq$
Mike Chibita Justice of the Supreme Court
$10$
$\mathsf{S}$
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