Uganda Case Law

Baguma v Kunihira & Another

Baguma v Kunihira & Another (Election Petition Appeal 3 of 2023) [2024] UGCA 100 (3 May 2024)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 3 of 2023

Judge

Muzamiru, JA, Mulyagonja, JA, Gashirabake, JA

The Court of Appeal held that the High Court lacked jurisdiction to determine the issue of the 1st respondent's academic qualifications as a court of first instance in an election petition, where the appellant had already raised the issue before the Electoral Commission and failed to appeal the Commission's decision to the High Court as required by law. The court reaffirmed that nomination disputes are to be resolved by the Electoral Commission, with a right of appeal to the High Court, and cannot be re-litigated in an election petition after the election. The court found that the trial judge…

Source excerpt

• Parliamentary Elections
• Nomination Disputes
• Academic Qualifications
• Jurisdiction Of High Court

Uganda Management Institute Governing Council and Another

Uganda Management Institute Governing Council and Another (Civil Appeal 97 of 2013) [2022] UGCA 324 (3 March 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 97 of 2013

Judge

Madrama Izama, JA, Mulyagonja, JA, Monica K. Mugenyi, JA

The Court of Appeal held that a PhD was not a mandatory qualification for UMI directors generally, but upheld irregularity findings for the academic post.

• Judicial Review
• Appointment Of Directors
• Academic Qualifications
• Institutional Frameworks
• Procedural Irregularity
• Judicial-review

Uganda Management Institute Governing Council and Another v Dr. Benon Basheka

Uganda Management Institute Governing Council and Another v Dr. Benon Basheka (Civil Appeal No. 97 of 2013) [2022] UGCA 361 (3 March 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 97 of 2013

Judge

Mulyagonja, JA, Madrama Izama, JA, Monica K. Mugenyi, JA

The Court of Appeal held that a PhD is not mandatory for all UMI directors, but the renewal of the Director Programs and Student Affairs contract was irregular.

• Judicial Review
• Appointment Procedures
• Academic Qualifications
• Institutional Governance
• Judicial-review
• Contract-renewal

Kalemba & Anor Vs Lubega

Kalemba & Anor Vs Lubega (Election Petition Appeal No. 76 of 2016) [2018] UGCA 6 (19 January 2018)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 76 of 2016

Judge

Owiny-Dollo, DCJ, Kavuma, JA, Buteera, JA

The Court of Appeal allowed the election petition appeal, held the first appellant had resigned in time, rejected the bribery allegation, and restored his election.

• Parliamentary Elections
• Academic Qualifications
• Public Officer Resignation
• Voter Bribery
• Jurisdiction Of Election Petition Court
• Election-petition-appeal

Ninsiima Vs Azairwe Nshaija Kabaraitsya

Ninsiima Vs Azairwe Nshaija Kabaraitsya (Election Petition Appeal No. 5 of 2016) [2017] UGCA 109 (29 November 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 5 of 2016

Judge

Kakuru, JA, Egonda-Ntende, JA, Kiryabwire, JA

The Court of Appeal dismissed an election petition appeal challenging the respondent’s identity, academic qualifications, and the trial court’s treatment of witness evidence.

• Parliamentary Elections
• Academic Qualifications
• Burden Of Proof
• Evidence Evaluation
• Election-petitions
• Parliamentary-elections