Nsibirwa v Mugaga and Anor
Nsibirwa v Mugaga and Anor (Civil Revision 5 of 2021) [2021] UGHCCD 4 (26 February 2021)
The court held that the Chief Magistrate's Court did not have jurisdiction to order a recount of votes in the absence of a specific provision under the Local Government Act permitting such an application. The applicant's reliance on general procedural statutes and inherent powers was misplaced, as election matters are governed by special statutes that strictly define available remedies and jurisdiction. Section 142(4) of the Local Government Act allows for a recount only in the context of a decision under subsection 3, not as an independent application. The court emphasized that statutory jur…
Source excerpt
- Jurisdiction Of Magistrate Courts
- Vote Recount Procedure
- Application Of Electoral Laws