The African Court found no violations in a Malawi election petition challenge and held the application admissible, dismissing reparations and ordering each party to bear its own costs.
The Court found that article 41(7) of the Tanzanian Constitution, by barring courts from reviewing presidential election results after declaration by the Electoral Commission, creates an unjustified distinction between litigants and denies access to judicial remedies for those aggrieved by presidential election outcomes. This constitutes indirect discrimination and violates Article 2 of the African Charter. The Court held that the right to have one’s cause heard under Article 7(1)(a) is infringed, as individuals are denied the opportunity to challenge the declaration of presidential election…
Tumwebaze V Electoral Commission (MISCELLANEOUS APPLICATION NO. 14 OF 2019) [2019] UGHCCD 218 (4 November 2019)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS APPLICATION NO. 14 OF 2019
Judge
Musa Ssekaana, J
The High Court found the Electoral Commission was not in contempt because the order to deliver a decision had no deadline and the decision was later served.
Arumadri v Etka and Anor (Election Petition No. 2 of 2016) [2016] UGHCEP 13 (17 June 2016)
Court
Election Petitions of Uganda
Case number
Election Petition No. 2 of 2016
Judge
Keitirima, J
The High Court dismissed an election petition challenging the nomination and election of the winner for Upper Madi Constituency, holding the respondent was duly nominated and lawfully declared elected.
Byanyima v National Resistance Movement (Hct -05-cv-ma-no. 225/2013) [2013] UGHC 252 (8 November 2013)
Court
High Court of Uganda
Case number
Hct -05-cv-ma-no. 225/2013
The High Court refused an interim injunction to stop an NRM primary rerun, holding that judicial review rules did not justify the order and remedies remained available.
Chris Tushabe V The Electoral Commission (Miscellaneous Cause No. 0089 of 2008) [2010] UGHC 193 (10 February 2010)
Court
High Court of Uganda
Case number
Miscellaneous Cause No. 0089 of 2008
Judge
Owiny-Dollo, J
The High Court refused judicial review orders over Kasenda local council elections, holding the Electoral Commission had not acted improperly and Youth elections lacked an enabling law.