Mutembuli Vs Nagwomu & Anor
Mutembuli Vs Nagwomu & Anor (Election Petition Appeal No. 43 of 2016) [2017] UGCA 108 (27 July 2017)
The Court of Appeal held that the trial Judge was correct in expunging the 86 affidavits as they did not qualify as affidavits in rejoinder but were instead supplementary affidavits introducing new facts without leave of court. The burden of proof regarding academic qualifications remained with the petitioner, who failed to provide direct evidence that the 1st respondent did not possess the requisite qualifications or that the certificates belonged to another person. Discrepancies in names were explained and did not, in themselves, invalidate the respondent's qualifications. Allegations of il…
Source excerpt
- Burden Of Proof
- Academic Qualification For Nomination
- Affidavit Evidence
- Non Compliance With Electoral Law
- Name Discrepancy In Election Documents
- Costs And Certificates For Counsel