Shukla v Electoral Commission and Another (Election Petition Application No. 340 of 2021) [2021] UGHCCD 113 (15 September 2021)
Court
HC: Civil Division (Uganda)
Case number
Election Petition Application No. 340 of 2021
Judge
Muwata, J
The High Court struck out an application to amend an election petition, holding that the governing law did not permit such amendment. It also sustained an objection to improperly marked annexures.
Wanyoto v Electoral Comission and Anor (Civil Miscellaneous Application No. 179 of 2021) [2021] UGHCEP 17 (28 August 2021)
Court
Election Petitions of Uganda
Case number
Civil Miscellaneous Application No. 179 of 2021
Judge
Bashaija, J
The High Court lacks jurisdiction to allow amendment of an election petition after the expiration of the statutory time limit set by Section 60(3) of the Parliamentary Elections Act. The Civil Procedure Act and Rules, by virtue of Rule 17 of the Parliamentary Elections (Election Petitions) Rules, are only applicable to the trial or hearing of election petitions, not to amendment of pleadings. Amendment of an election petition is not envisaged under Ugandan law, and any attempt to amend outside the prescribed period would have the practical effect of unlawfully extending the time for filing th…
Wanyoto v Nakayenze (Civil Miscellaneous Application No. 179 of 2021) [2021] UGHC 50 (21 August 2021)
Court
High Court of Uganda
Case number
Civil Miscellaneous Application No. 179 of 2021
Judge
Bashaija, J
The court held that amendment of election petitions after the expiration of the statutory time limit for filing is not permitted under Ugandan law. The Civil Procedure Act and Rules, by virtue of Rule 17 of the Parliamentary Elections (Election Petitions) Rules, apply only to the trial or hearing of election petitions and do not extend to amendment of pleadings. Allowing such an amendment would effectively extend the time for filing the petition, a power the court does not possess. The principles set out by the Supreme Court in Kyagulanyi Ssentamu Robert v. Yoweri Museveni Tibuhaburwa Kaguta…
Source excerpt
Amendment Of Election Petition
Limitation Periods
Applicability Of Civil Procedure To Election Petitions
