Bandikubi and 3 Others v Sserwangwa and Another
Bandikubi and 3 Others v Sserwangwa and Another (Election Petition Appeal No. 110 of 2016) [2018] UGHCEP 2 (26 February 2018)
The Court of Appeal held that Section 172 of the Local Governments Act does not authorize courts to apply the Parliamentary Elections Act or its rules to petitions arising under the Local Governments Act. The section only empowers the Electoral Commission in the conduct of elections, not the courts in handling petitions. Since the Local Governments Act is silent on the fees for filing such petitions, the Judicature (Court Fees) Rules apply. The payment of Shs.100,000.00 was sufficient under these rules, and the trial judge erred in striking out the petition for non-payment of fees prescribed…
Source excerpt
- Court Fees In Election Petitions
- Application Of Local Governments Act
- Statutory Interpretation
- Jurisdiction Of Electoral Commission