Uganda Case Law

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 1 of 2021) [2021] UGSC 64 (18 March 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 1 of 2021

Judge

Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court held that the Constitution and the Presidential Elections Act prescribe strict timelines for filing and determining presidential election petitions, and do not provide for amendment of pleadings after filing. Rule 15 of the Presidential Elections (Election Petitions) Rules only permits application of the Civil Procedure Act and Rules to the trial, not to amendment of pleadings. The proposed amendment sought to introduce new causes of action and grounds, which would amount to filing a fresh petition outside the constitutional timeframe. The applicant's circumstances, includin…

Source excerpt

• Presidential Election Petitions
• Amendment Of Pleadings
• Election Timelines
• Jurisdiction Of Supreme Court
• Applicability Of Civil Procedure Rules