Uganda Case Law

Wasige Wamudanya V Adidwa and Another

Wasige Wamudanya V Adidwa and Another (Election Petition Appeal No. 5 of 2021) [2022] UGCA 153 (20 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 5 of 2021

Judge

Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court of Appeal held that the trial judge exercised his discretion judiciously in refusing the amendment to the petition. The court found that the strict timelines and procedural requirements governing election petitions under the Parliamentary Elections Act and the relevant rules are intended to ensure diligence and avoid delays. Allowing the amendment would have resulted in a new petition outside the statutory time limit, fundamentally altering the cause of action and prejudicing the respondents. The court agreed that the Civil Procedure Rules may be applied to fill gaps in electoral pr…

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• Amendment Of Petition
• Timeliness Of Filing
• Cause Of Action In Election Petitions
• Application Of Civil Procedure Rules
• Discretion In Election Petitions

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 1 of 2021) [2021] UGSC 65 (9 February 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 1 of 2021

Judge

Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court of Uganda disallowed an application to amend a presidential election petition, holding that some proposed matters were already pleaded, while a new qualification issue was time-barred.

• Presidential Election Petition
• Amendment Of Petition
• Limitation Period
• Qualification Of Candidate
• Election-petitions
• Petition-amendment

Mbayo Vs Electoral Commission & Anor

Mbayo Vs Electoral Commission & Anor (Election Appeal No. 7 of 2006) [2006] UGCA 49 (8 December 2006)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 7 of 2006

The Court of Appeal of Uganda dismissed an election appeal, holding that bribery was not proved to the court’s satisfaction and the election result stood.

• Bribery In Elections
• Proof Of Bribery
• Affidavit Rejection
• Amendment Of Petition
• Election-petitions
• Electoral-bribery

Bakunda v Dr. Kinyatta and Another

Bakunda v Dr. Kinyatta and Another (Election Petition 18 of 1996) [1996] UGHC 64 (16 September 1996)

Court

High Court of Uganda

Case number

Election Petition 18 of 1996

Judge

Lugayizi, J

The court held that the affidavit accompanying the petition was commissioned by a person without a valid practising certificate, rendering it invalid and of no legal effect. Since the affidavit is an integral part of an election petition, its invalidity means there is no valid petition before the court. Consequently, there is nothing to amend, and the application to amend must fail. Allowing the amendment would be tantamount to permitting the petitioner to file a new petition outside the statutory time limit, which would defeat the intention of the legislature. The application was therefore d…

Source excerpt

• Amendment Of Petition
• Defective Affidavit
• Practising Certificate Requirement
• Statutory Time Limits