Uganda Case Law

Hon. Lokeris v Komol and Another

Hon. Lokeris v Komol and Another (Election Petition Appeal No. 9 of 2021) [2022] UGCA 183 (1 July 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 9 of 2021

Judge

Monica K. Mugenyi, JA, Egonda-Ntende, JA, Muzamiru, JA

The Court of Appeal held that the expiry of an advocate's practicing certificate does not, by itself, terminate the commission as Commissioner for Oaths. Therefore, affidavits commissioned by an advocate whose practicing certificate had expired, but who had not ceased to practice, are not invalid solely for that reason. The trial judge erred in holding otherwise and in dismissing the petition on that ground. However, the court also held that Section 14A of the Advocates Act, which allows rectification of defects caused by advocates without valid practicing certificates, does not apply to the…

Source excerpt

• Commissioning Of Affidavits
• Practicing Certificate Requirements
• Rectification Of Procedural Defects
• Timelines For Election Petitions

Gaddafi Nassur v Sekabira and Anor

Gaddafi Nassur v Sekabira and Anor (Election Petition No. 16 of 2021) [2021] UGHC 53 (31 August 2021)

Court

High Court of Uganda

Case number

Election Petition No. 16 of 2021

Judge

Apiny, J

The court found that Section 14A of the Advocates Act as amended was specifically introduced to protect clients from the consequences of defects arising from advocates lacking valid practicing certificates. The application to re-administer the oath did not amount to an amendment of the petition, and the authorities cited by the respondent were either inapplicable or decided before the relevant statutory amendment. The Court of Appeal in Suubi Kinyamatama Juliet v Sentongo Robinah Nakasirye recognized that defective affidavits should not be expunged outright but that time should be given to th…

Source excerpt

• Affidavit Defects
• Commissioning Of Affidavits
• Amendment Of Pleadings
• Limitation Periods

Mashari v Bakunda (U) Ltd & 3 Ors (Misc. Application No. 233 of 2013)

Mashari v Bakunda (U) Ltd & 3 Ors (Misc. Application No. 233 of 2013) [2014] UGHCLD 127 (16 October 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 233 of 2013

Judge

Luswata, J

High Court dismissed an application to reinstate a suit after finding the supporting affidavit defective for non-compliance with commissioning and illiterate deponent requirements.

• Setting Aside Dismissal
• Reinstatement Of Suit
• Affidavit Requirements
• Illiterates Protection Act
• Commissioning Of Affidavits
• Setting-aside-dismissal

Uganda V Hassan Hussein Agad & 11 Others

Uganda V Hassan Hussein Agad & 11 Others (Criminal Session Case No. 0001 of 2010) [2011] UGHCICD 1 (18 November 2011)

Court

HC: International Crimes Division (Uganda)

Case number

Criminal Session Case No. 0001 of 2010

Judge

Owiny-Dollo, J

The High Court stayed a criminal trial pending a Constitutional Court petition challenging the legality of the proceedings and raising jurisdictional issues.

• Stay Of Proceedings
• Right Of Access To Justice
• Commissioning Of Affidavits
• Jurisdiction Of Trial Court
• Constitutional Petition
• Balance Of Convenience