Uganda Case Law

Mutembuli Vs Nagwomu & Anor

Mutembuli Vs Nagwomu & Anor (Election Petition Appeal No. 43 of 2016) [2017] UGCA 108 (27 July 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 43 of 2016

Judge

Kakuru, JA, Egonda-Ntende, JA, Musoke, JA

The Court of Appeal held that the trial Judge was correct in expunging the 86 affidavits as they did not qualify as affidavits in rejoinder but were instead supplementary affidavits introducing new facts without leave of court. The burden of proof regarding academic qualifications remained with the petitioner, who failed to provide direct evidence that the 1st respondent did not possess the requisite qualifications or that the certificates belonged to another person. Discrepancies in names were explained and did not, in themselves, invalidate the respondent's qualifications. Allegations of il…

Source excerpt

• Burden Of Proof
• Academic Qualification For Nomination
• Affidavit Evidence
• Non Compliance With Electoral Law
• Name Discrepancy In Election Documents
• Costs And Certificates For Counsel

Serwanga v Namujju and Anor

Serwanga v Namujju and Anor (Election Petition No. 5 of 2016) [2016] UGHCEP 18 (7 July 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 5 of 2016

The High Court set aside the election of Lwengo District Woman MP after finding the respondent was not duly qualified because of invalid name-change documents and inconsistent academic records.

• Academic Qualification For Nomination
• Nomination Irregularities
• Forgery And Fraud In Elections
• Change Of Name Procedure
• Electoral Offences
• Substantive Vs Procedural Justice

Iyaga and Another v Noaha and Others

Iyaga and Another v Noaha and Others (Election Petition No. 06 -2001) [2002] UGHC 138 (25 January 2002)

Court

High Court of Uganda

Case number

Election Petition No. 06 -2001

Judge

Aweri-Opio, J

The court found that the first respondent did not possess the minimum academic qualifications required for nomination as a parliamentary candidate. The Uganda Advanced Certificate of Education presented was a forgery, confirmed by UNEB and Kololo S.S., with the index number belonging to another individual. The respondent failed to provide any credible evidence to rebut the allegations or prove he sat for the required examinations. The Diploma and Sudanese qualifications were not properly certified or gazetted as required by law. The Returning Officer failed in his duty to verify the academic…

Source excerpt

• Academic Qualification For Nomination
• Forgery Of Election Documents
• Burden Of Proof In Election Petitions
• Role Of Returning Officer
• Remedies For Invalid Election