Namboowa Vs Bavekuno & Anor
Namboowa Vs Bavekuno & Anor (Election Petition Appeal No. 69 of 2016) [2017] UGCA 125 (22 December 2017)
The Court of Appeal held that the trial Judge erred in expunging the 83 affidavits for non-compliance with the Illiterates Protection Act and Oaths Act, as the deviations were matters of form and did not prejudice the deponents. Certification by an interpreter, rather than the Commissioner for Oaths, was an insubstantial deviation and did not render the affidavits defective. The annexures to the affidavits on court record were properly sealed and certified, and the trial Judge should have relied on these rather than the unsealed copies served on the respondent. The failure to report electoral…
Source excerpt
- Affidavit Certification
- Illiterates Protection Act Compliance
- Commissioner For Oaths Requirements
- Election Petition Procedure
- Preliminary Objections
- Jurisdiction Of High Court