Uganda Case Law

Mujwisa v Qwicart Uganda Limited

Mujwisa v Qwicart Uganda Limited (Civil Appeal 40 of 2019) [2024] UGCommC 246 (13 August 2024)

Court

Commercial Court of Uganda

Case number

Civil Appeal 40 of 2019

Judge

Harriet Grace Magala, J

The High Court found that the appellant's affidavit in support of her application was incurably defective because she did not appear before the commissioner for oaths as required by law. The court held that this was a mandatory requirement, and the defect could not be cured by Article 126(2)(e) of the Constitution. The subsequent affidavits filed by the appellant were also found to be irregular, as they were filed after the closure of pleadings, without leave of court, and were not served on the respondent. The trial magistrate was therefore correct in dismissing the application on the basis…

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• Affidavit Defects
• Commissioner For Oaths Requirements
• Leave To Appeal
• Default Judgment
• Service Of Process

Abala v Acayo and Another

Abala v Acayo and Another (Election Petition No. 4 of 2021) [2021] UGHCEP 39 (14 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 4 of 2021

Judge

Okuo-Kajuga, J

The High Court struck out 25 supporting affidavits in an election petition, finding them incurably defective for non-compliance with oath and literacy requirements.

• Affidavit Validity
• Commissioner For Oaths Requirements
• Illiterates Protection Act
• Statutory Compliance
• Severance Of Defective Affidavits
• Election-petitions

Attorney General v Okello and Another

Attorney General v Okello and Another (Civil Miscellaneous Application No. 31 of 2020) [2021] UGHCCD 46 (2 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 31 of 2020

Judge

Adonyo, J

The affidavit in support of the application was incurably defective as it failed to comply with Section 5 of the Commissioner for Oaths (Advocates) Act by omitting the name and grade of the commissioner for oaths in the jurat. Unlike in Kizza Besigye v. Y.K. Museveni, no supplementary affidavit was filed to cure the defect. The defect is substantive and not merely technical, and Article 126(2)(e) of the Constitution cannot be invoked to cure such illegality. Without a valid supporting affidavit, the application cannot stand and must be struck out. The court found that illegality overrides all…

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• Affidavit Defects
• Commissioner For Oaths Requirements
• Preliminary Objection
• Burden Of Proof
• Striking Out Application

Namboowa Vs Bavekuno & Anor

Namboowa Vs Bavekuno & Anor (Election Petition Appeal No. 69 of 2016) [2017] UGCA 125 (22 December 2017)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 69 of 2016

Judge

Kavuma, JA, Obura, JA, Buteera, JA

The Court of Appeal held that the trial Judge erred in expunging the 83 affidavits for non-compliance with the Illiterates Protection Act and Oaths Act, as the deviations were matters of form and did not prejudice the deponents. Certification by an interpreter, rather than the Commissioner for Oaths, was an insubstantial deviation and did not render the affidavits defective. The annexures to the affidavits on court record were properly sealed and certified, and the trial Judge should have relied on these rather than the unsealed copies served on the respondent. The failure to report electoral…

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• Affidavit Certification
• Illiterates Protection Act Compliance
• Commissioner For Oaths Requirements
• Election Petition Procedure
• Preliminary Objections
• Jurisdiction Of High Court