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Uganda Judgment

Supreme Court of Uganda

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 5 of 2021) [2021] UGSC 66 (5 March 2021)

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Source document

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petition withdrawn with leave of court; costs reserved for later determination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  • The petition stands withdrawn.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

Applicant

Yoweri Museveni Tibuhaburwa

Respondent

Electoral Commission

Respondent

Attorney General

Respondent

03

Procedural history

  1. Posture

    Miscellaneous Application / Withdrawal Ruling

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Source document

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Judgment text

The complete available source text.

Source document

Supreme Court of Uganda

Judgment

[2021] UGSC 66

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Presidential Elections Act, Section 61

Legislation

Legislation referenced in the available case record.

Supreme Court Rules

Legislation

Legislation referenced in the available case record.

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