Uganda Case Law

Kamugisha Anatoli and Anna Kamugisha v H & L Exporters (U) Ltd

Kamugisha Anatoli and Anna Kamugisha v H & L Exporters (U) Ltd (Miscellaneous Application 2034 of 2023) [2023] UGCommC 127 (13 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2034 of 2023

Judge

Tumusiime Rubagumya, J

The Court found that the 2nd Applicant, under cross-examination, admitted she did not appear before the Commissioner for Oaths when deponing her affidavit. The law requires a deponent to personally appear before the Commissioner for Oaths and take oath on the affidavit's contents. The Court held that failure to comply with this mandatory requirement renders the affidavit invalid and unlawful. Since the application was supported by only this defective affidavit, it was left unsupported by evidence. The Court further held that such a defect is not a mere technicality that can be cured under Art…

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• Affidavit Validity
• Commissioner For Oaths
• Preliminary Objection
• Stay Of Execution

Kirimbwa & Another v Nakiluuta

Kirimbwa & Another v Nakiluuta (Civil Revision 12 of 2022) [2023] UGHC 402 (3 July 2023)

Court

High Court of Uganda

Case number

Civil Revision 12 of 2022

Judge

Katamba Nkwanga, J

The High Court found that the trial magistrate grade one acted within her jurisdiction because the Chief Magistrate, exercising supervisory powers under Section 171 of the Magistrates Courts Act, properly reallocated the file to her for expedited handling as required by the Domestic Violence Act. The urgency and statutory mandate to dispose of domestic violence matters within 48 hours justified the administrative transfer and summary handling. The applicants' objections regarding territorial jurisdiction and procedural irregularities were rejected as the Chief Magistrate's directive was lawfu…

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• Territorial Jurisdiction
• Domestic Violence Proceedings
• Revisionary Powers
• Commissioner For Oaths
• Mediation Conflict Of Interest

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission

Mbaju Jackson v Thembo Gideon Mujungu and Electoral Commission (Election Petition Appeal 46 of 2021) [2022] UGCA 309 (22 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal 46 of 2021

Judge

Egonda-Ntende, JA, Madrama Izama, JA, Kavuma, JA

The Court of Appeal found that proven irregularities at Katunguru Primary School, Katunguru Market, Busunga Primary School, and Quran Primary School polling stations—including fraudulent voter turnout, votes cast by deceased or absent persons, and ballot stuffing—substantially affected the outcome of the parliamentary election for Busongora County South. The margin between the winning candidate and the runner-up was only 79 votes, and the number of impugned votes exceeded this margin, casting reasonable doubt on the legitimacy of the result. The court clarified that attribution of irregularit…

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• Parliamentary Elections
• Electoral Irregularities
• Affidavit Evidence
• Substantial Effect Test
• Commissioner For Oaths
• Polling Station Malpractice

Nyakecho v Electoral Commission and Another

Nyakecho v Electoral Commission and Another (Election Petition Appeal No. 14 of 2021) [2022] UGCA 158 (1 June 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 14 of 2021

Judge

Luswata, JA

The Court of Appeal found that the trial judge erred in admitting and relying on the Chief Registrar's letter regarding the status of the commissioner for oaths without proper evidentiary procedure and without affording the appellant an opportunity to rebut its authenticity. The letter was not properly introduced into evidence, lacked certification, and its authenticity was contested. The court held that this violated principles of natural justice and rendered the decision void. Furthermore, the court clarified that the remedial provisions of Section 14A of the Advocates Act do not apply to a…

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• Affidavit Validity
• Commissioner For Oaths
• Practicing Certificate Requirements
• Natural Justice
• Costs Award
• Remedial Legislation

Mpanga v Ssenkubuge and Another

Mpanga v Ssenkubuge and Another (Election Petition No. 15 of 2021) [2021] UGHCCD 112 (8 September 2021)

Court

HC: Civil Division (Uganda)

Case number

Election Petition No. 15 of 2021

Judge

Muwata, J

The High Court struck out an election petition after finding the supporting affidavit was fatally defective because it was commissioned by an advocate from the petitioner’s own law firm.

• Affidavit Defects
• Commissioner For Oaths
• Public Document Certification
• Admissibility Of Evidence
• Timeliness Of Affidavits
• Election-petitions

Ossiya v Koluo and Another

Ossiya v Koluo and Another (Election Petition No. 2 of 2021) [2021] UGHCEP 40 (6 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 2 of 2021

Judge

Okuo-Kajuga, J

The petition was filed with an affidavit commissioned by an advocate who did not possess a valid practicing certificate at the time, as the grace period for renewal had expired on 1st March 2021 and the commissioning occurred on 10th March 2021. This contravened Rule 4(8) of the Parliamentary Elections (Interim Provisions) Rules and Section 2 of the Commissioner for Oaths (Advocates) Act, rendering the affidavit and consequently the petition incurably defective. The defect is a failure to comply with a mandatory statutory requirement, which is fatal and cannot be cured by Article 126(2)(e) of…

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• Affidavit Validity
• Commissioner For Oaths
• Practicing Certificate Requirements
• Statutory Time Limits
• Preliminary Objections

Dr. Wanzige Magoola v Makerere University Business School and Another

Dr. Wanzige Magoola v Makerere University Business School and Another (Civil Miscellaneous Application No. 417 of 2020) [2021] UGHCCD 107 (28 June 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 417 of 2020

Judge

Boniface Wamala, J

The court held that affidavits commissioned by a person who has been struck off the roll of advocates are incurably defective and illegal, as such a person cannot act as a Commissioner for Oaths. This is a judicially noticed fact, supported by statutory provisions and binding case law. The defect is not curable by principles of substantive justice, and the application, being unsupported by valid affidavit evidence, is incompetent and must be struck out. The court distinguished between advocates without a practising certificate (who remain on the roll) and those struck off (who are not advocat…

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• Affidavit Defects
• Commissioner For Oaths
• Striking Out Affidavit
• Judicial Notice
• Substantive Justice
• Costs Award

Roko Construction Ltd v Babirye Construction Services (H.C.Miscellaneous Application No. 1244 of 2020)

Roko Construction Ltd v Babirye Construction Services (H.C.Miscellaneous Application No. 1244 of 2020) [2021] UGCommC 82 (30 April 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 1244 of 2020

Judge

Gaswaga, J

The High Court granted Roko Construction leave to appear and defend a summary suit, finding bona fide triable issues over debt, contract enforceability, interest, and the supporting affidavit.

• Summary Procedure
• Leave To Appear And Defend
• Oral Contracts
• Commissioner For Oaths
• Interest On Debt
• Triable Issues

Kibulwe & Ors v Mbazzi & Ors (Originating Summons No. 10 of 2018)

Kibulwe & Ors v Mbazzi & Ors (Originating Summons No. 10 of 2018) [2018] UGHCFD 36 (19 September 2018)

Court

HC: Family Division (Uganda)

Case number

Originating Summons No. 10 of 2018

Judge

Mukwaya, J

The court held that while affidavits commissioned by an advocate who has been struck off the roll are defective, the applicants are protected by S.14A of the Advocates Act as amended by the Advocates (Amendment) Act, 2002. This provision ensures that no action taken by an advocate on behalf of a client shall be invalidated due to the advocate's lack of authority, and the client's case shall not be dismissed for such a reason. The applicants are therefore entitled to swear fresh affidavits before an authorized Commissioner for Oaths, provided the content remains unchanged. The preliminary obje…

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• Affidavit Validity
• Commissioner For Oaths
• Client Protection
• Administration Of Estates

Kamulindwa v Alpha Gama Engineering Ltd (HCT – 01 – CV – CA No. 025 of 2015)

Kamulindwa v Alpha Gama Engineering Ltd (HCT – 01 – CV – CA No. 025 of 2015) [2017] UGHCCD 22 (30 March 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – CA No. 025 of 2015

Judge

Ojok, J

High Court appeal allowed after the magistrate rejected a leave-to-defend application over an alleged affidavit defect; the court found the defect technical and noted triable issues.

• Summary Procedure
• Affidavit Defects
• Leave To Appear And Defend
• Triable Issues
• Commissioner For Oaths
• Miscarriage Of Justice