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Uganda decisions
Decisions matching the current search
Nantaba v Nabasirye & Another (Taxation Reference 291 of 2019) [2024] UGCA 276 (18 September 2024)
The Court of Appeal set aside a taxed costs award to respondents who had not participated in the underlying election petition application and ordered them to pay the applicant’s costs.
Watira v Wakimona and Another (Miscellaneous Application No. 8 of 2021) [2022] UGCA 135 (6 May 2022)
The Court of Appeal dismissed an application for extension of time in an election appeal, holding that the applicant’s counsel missed mandatory filing deadlines.
Semata v Ntambi and Another (Civil Appeal No. 31 of 2020) [2022] UGHCCD 64 (22 April 2022)
The High Court dismissed a civil appeal challenging the striking out of an election suit filed by plaint, holding that such election challenges must be brought by petition.
Magombe v Electoral Commission and Another (Election Petition No. 19 of 2021) [2021] UGHCEP 19 (7 September 2021)
The High Court dismissed an election petition over the Mbale City Chairperson election, finding the petitioner failed to prove bribery or other electoral offences.
Namboowa Vs Bavekuno & Anor (Election Petition Appeal No. 69 of 2016) [2017] UGCA 125 (22 December 2017)
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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Electoral Commission v Bamwesigye (HCT-12-CV-MA 122 of 2014) [2016] UGHCEP 1 (8 January 2016)
The court found that the application for leave to appeal was filed within the 14-day period prescribed by the Judicature (Court of Appeal) Rules, not the 7-day period under the Parliamentary Elections (Election Petitions) Rules, which do not apply to judicial review proceedings. The court rejected the preliminary objection of res judicata, noting that the applicant had made concerted efforts to comply with the original court orders but was prevented by the absence of Parish Tribunals, a matter outside its mandate. The correspondences between the Electoral Commission and the Judiciary demonstr…
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Ongole James Michael v Electoral Commission and Another (Misc. Application No. 46/2006) (Misc. Application No. 46/2006) [2006] UGHC 45 (5 December 2006)
The applicant failed to demonstrate any of the legal grounds required for review under Section 82 of the Civil Procedure Act and Order 46 Rule 1 of the Civil Procedure Rules. There was no discovery of new and important evidence, no mistake or error apparent on the face of the record, and no sufficient cause shown. The court emphasized that the power to review is not to be exercised for convenience or as an alternative to appeal, and that the law regulating pleadings and affidavits in election petitions must be strictly adhered to. The applicant's arguments did not satisfy the statutory requir…
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Nelson Sande Ndungo v Electoral Commission (HCT - 01 - CV - EP - 0004 of 2006) (HCT - 01 - CV - EP - 0004 of 2006) [2006] UGHC 22 (16 June 2006)
The High Court struck out the respondent’s late affidavit in an election petition, held Rule 7 mandatory, set aside the disqualification, and reinstated the candidate.
zziwa v Nabagesera (Civil Appeal 34 of 1996) [1997] UGCA 18 (5 February 1997)
The Court of Appeal held it lacked jurisdiction over an appeal from an interlocutory order in an election petition and dismissed the appeal.
Electoral Commission v Abala & Others (Consolidated Election Petition Application No. 5 & 21 of 2021 & 36 of 2022) [2022] UGCA 1 (3 May 2022)
The Court of Appeal held that the applicant, Abala David, failed to demonstrate sufficient cause for the late filing of the record of appeal in Election Petition Appeal No. 54 of 2021. The court rejected the argument that the delay was solely due to mistake of counsel, noting that the applicant was represented by two law firms and that election petition appeals are matters of great public importance governed by strict timelines. The court emphasized that compliance with the Parliamentary Elections Act and Rules is mandatory, and that allowing late filing without exceptional circumstances woul…
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