Uganda Case Law

Mafabi Nabulo v Nambozo and Another

Mafabi Nabulo v Nambozo and Another (Election Petition Appeal No. 28 of 2021) [2022] UGCA 218 (5 August 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 28 of 2021

Judge

Obura, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal dismissed an election petition appeal challenging a woman MP election in Sironko District, upholding findings on qualifications, bribery, and election regularity.

• Parliamentary Election Qualification
• Bribery And Corrupt Practices
• Electronic Evidence Admissibility
• Burden Of Proof In Election Petitions
• Election-petitions
• Parliamentary-election-qualification

Kalyago v Wassajja and Another

Kalyago v Wassajja and Another (Election Petition Appeal No. 11 of 2021) [2022] UGHCCD 74 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 11 of 2021

Judge

Musa Ssekaana, J

The High Court dismissed an election petition appeal, upholding the inclusion of disputed polling-station results and the trial court’s award of costs.

• Election Results Omission
• Vote Tallying
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Election-petitions
• Vote-tallying

Kalyango v Wasajja and Another

Kalyango v Wasajja and Another (Election Petition Appeal No. 11 of 2019) [2022] UGHCCD 63 (22 April 2022)

Court

HC: Civil Division (Uganda)

Case number

Election Petition Appeal No. 11 of 2019

Judge

Musa Ssekaana, J

The High Court dismissed an election petition appeal, holding that post-voting disruption did not justify excluding results and that the omitted polling station results should have been tallied.

• Omission Of Polling Station Results
• Non Compliance With Electoral Laws
• Burden Of Proof In Election Petitions
• Declaration Of Results
• Discretion In Award Of Costs
• Election-petitions

Bintu Lukumu v Electoral Commission and Another

Bintu Lukumu v Electoral Commission and Another (Election Petition No. 1 of 2021) [2021] UGHCEP 8 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 1 of 2021

Judge

Musa Ssekaana, J

Election petition over Buruli County MP seat dismissed after the court found the returned candidate had resigned from public service before nomination.

• Qualification For Nomination
• Public Officer Resignation
• Burden Of Proof In Election Petitions
• Timeliness Of Election Challenges
• Election-petitions
• Parliamentary-elections

Byarugaba Mustafa and 2 Others v Ampaire and 2 Others (Local Government Election Petition No. 11 of 2011)

Byarugaba Mustafa and 2 Others v Ampaire and 2 Others (Local Government Election Petition No. 11 of 2011) [2021] UGHCEP 9 (28 September 2021)

Court

Election Petitions of Uganda

Case number

Local Government Election Petition No. 11 of 2011

Judge

Musa Ssekaana, J

The High Court struck out an election petition for premature filing before gazette publication and for joining two distinct electoral areas in one petition.

• Nomination Requirements
• Electoral Area Misjoinder
• Burden Of Proof In Election Petitions
• Qualification For Local Council Chairperson
• Premature Filing
• Standard Of Proof

Acheng Vs Abongo

Acheng Vs Abongo (Election Petition Appeal No. 0058 of 2016) [2017] UGCA 16 (29 August 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 0058 of 2016

The Court of Appeal held that Achen Christine Ayo was qualified for election as Woman MP for Alebtong District and allowed the appeal.

• Academic Qualification For Mp
• Burden Of Proof In Election Petitions
• Role Of Administrative Bodies
• Forgery Of Academic Documents
• Judicial Review Of Electoral Process
• Election-petitions

Nsegumire Semata Kibedi v Returning Officer & 2 Ors

Nsegumire Semata Kibedi v Returning Officer & 2 Ors (Election Appeal No. 71 of 2016) [2017] UGCA 30 (3 August 2017)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 71 of 2016

Judge

Kasule, JA, Obura, JA, Buteera, JA

The Court of Appeal upheld Serunjogi Charles Musoke’s election as Kampala Central Division chairperson, finding the appellant failed to prove defamation or that disputed DR Forms changed the result.

• Declaration Of Results Forms
• Burden Of Proof In Election Petitions
• Electoral Offences Defamation
• Role Of Returning Officer
• Certification Of Election Documents
• Substantial Effect On Election Results

Acire v Okumu and Anor

Acire v Okumu and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 41 (13 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The High Court at Gulu dismissed an election petition challenging the Aswa County parliamentary poll, finding no proved non-compliance or electoral offences.

• Parliamentary Elections
• Electoral Offences
• Party Symbol Allocation
• Compliance With Court Orders
• Burden Of Proof In Election Petitions
• Election-petitions

Omara v Angiro and Anor

Omara v Angiro and Anor (Election Petition No. 4 of 2016) [2016] UGHCEP 23 (13 June 2016)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2016

The High Court dismissed an election petition over the Erute North parliamentary result, holding that the petitioner failed to prove irregularities or any basis to annul the election.

• Parliamentary Elections
• Gazette Publication Errors
• Burden Of Proof In Election Petitions
• Pleadings And Departure
• Rectification Of Election Results
• Election-petitions

Electoral Commission & 3 Ors Vs Chelimo

Electoral Commission & 3 Ors Vs Chelimo (Petition Appeal No. 33 of 2011) [2012] UGCA 50 (1 August 2012)

Court

Court of Appeal of Uganda

Case number

Petition Appeal No. 33 of 2011

The Court of Appeal held that the 3rd appellant failed to discharge the burden of proving he possessed the requisite academic qualifications for the office of District Chairperson. The Equivalency Certificate issued by NCHE was based on documents whose authenticity was successfully challenged by the respondent, including the absence of verification from Makerere University and inconsistencies in the 3rd appellant's evidence. The payment of an irregularly high fee for the certificate further cast doubt on the propriety of the process. The court affirmed that the trial judge properly evaluated…

Source excerpt

• Academic Qualification For Elected Office
• Burden Of Proof In Election Petitions
• Equivalency Certificates
• Electoral Law Compliance