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Election Petitions [2022] UGCA 163

Birungi Kobusingye v Nantaba and Another

Birungi Kobusingye v Nantaba and Another (Election Petition Appeal No. 38 of 2021) [2022] UGCA 163 (16 June 2022)

Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 38 of 2021
Judge
Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court found that the Appellant failed to discharge the burden of proof required to challenge the 1st Respondent's academic qualifications. Mere discrepancies in names and the presence of 'supplementary' on the A' Level certificate were satisfactorily explained by UNEB and corroborated by affidavits from school officials and statutory declarations. The Appellant did not produce the alleged true owner of the academic documents or any cogent evidence to prove fraud or ineligibility. The law requires more than mere averments; credible evidence must be adduced to the satisfaction of the court.…

Source excerpt

  • Academic Qualification Disputes
  • Nomination Challenges
  • Burden Of Proof Election Petitions
  • Name Discrepancy In Election Documents
  • Statutory Declaration Evidence
  • Costs In Election Litigation
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Election Petitions [2019] UGCA 13

Nakalyango Vs Nakasolya

Nakalyango Vs Nakasolya (Election Appeal No. 03 of 2017) [2019] UGCA 13 (25 March 2019)

Court
Court of Appeal of Uganda
Case number
Election Appeal No. 03 of 2017

The Court of Appeal held that while the High Court Judge was correct in upholding the nullification of the election due to substantial irregularities affecting the integrity of the results, she erred in ordering the appellant to pay 50% of the costs in the lower Court without providing reasons. The appellate court found that the irregularities were attributable to the Electoral Commission, not the appellant, and that no electoral offence was committed by her. The discretion to award costs must be exercised judiciously and with reasons, and in the absence of any wrongdoing by the appellant, it…

Source excerpt

  • Costs Award Discretion
  • Substantiality Test
  • Electoral Irregularities
  • Burden Of Proof Election Petitions
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Election Petitions [2016] UGHCEP 58

Tayebwa v Kakuuna and Anor

Tayebwa v Kakuuna and Anor (Petition No. 5 of 2016) [2016] UGHCEP 58 (26 August 2016)

Court
Election Petitions of Uganda
Case number
Petition No. 5 of 2016

The court found that the petitioner failed to prove, to the required standard, that the 1st Respondent or his agents committed any electoral offence or illegal practice. The evidence presented was riddled with contradictions, lacked corroboration, and was often procedurally defective or inadmissible. The only proven incident was the possession of a panga by a third party on polling day, but there was no evidence that this substantially affected the outcome of the election. The court held that procedural defects in affidavits did not cause substantial prejudice and could be overlooked. Allegat…

Source excerpt

  • Electoral Offences
  • Bribery Allegations
  • Procedural Irregularities
  • Burden Of Proof Election Petitions
  • Non Compliance Electoral Laws
  • Intimidation And Violence
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.