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Election Petitions [2020] UGHCCD 219

Akongot v Electoral Commission & Another

Akongot v Electoral Commission & Another (ELECTION PETITION NO. 14 OF 2020) [2020] UGHCCD 219 (1 December 2020)

Court
HC: Civil Division (Uganda)
Case number
ELECTION PETITION NO. 14 OF 2020
Judge
Musa Ssekaana, J

The court held that the Electoral Commission retains constitutional jurisdiction to hear election complaints, even if not first resolved by the Returning Officer. However, once a candidate has been declared and gazetted as elected, the only available remedy is to challenge the validity of the election through a petition under the relevant sections of the Parliamentary Elections Act. The petition before the court was incompetent and the remedies sought were not tenable because the declaration and gazetting of a winner had already occurred, and the person declared winner was not a party to the…

Source excerpt

  • Electoral Commission Jurisdiction
  • Nomination Disputes
  • Gazetting Of Candidates
  • Remedies In Election Petitions
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Election Petitions [2020] UGHCCD 218

Akello v Electoral Commission & Another

Akello v Electoral Commission & Another (ELECTION PETITION NO. 10 OF 2020) [2020] UGHCCD 218 (1 December 2020)

Court
HC: Civil Division (Uganda)
Case number
ELECTION PETITION NO. 10 OF 2020
Judge
Musa Ssekaana, J

The petition is not tenable because the Electoral Commission had already declared and gazetted a winner for the Bukedea Woman Member of Parliament seat before the court could grant the remedies sought. The declared winner, Hon. Among Anita Annet, was not a party to the proceedings, and granting the orders would violate the rules of natural justice by condemning her unheard. The law provides distinct remedies at each stage of the electoral process, and after gazetting, the only available remedy is to file a petition under sections 60 and 61 of the Parliamentary Elections Act. The court cannot…

Source excerpt

  • Nomination Challenges
  • Gazetting Of Candidates
  • Remedies In Election Petitions
  • Locus Standii
  • Natural Justice
  • Jurisdiction Of High Court
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Election Petitions [2020] UGHCCD 220

Asio v Electoral Commission & Another

Asio v Electoral Commission & Another (ELECTION PETITION NO. 11 OF 2020) [2020] UGHCCD 220 (1 December 2020)

Court
HC: Civil Division (Uganda)
Case number
ELECTION PETITION NO. 11 OF 2020
Judge
Musa Ssekaana, J

The court held that the Electoral Commission has constitutional jurisdiction to entertain election complaints, and that the requirement to first lodge complaints with the Returning Officer does not oust this jurisdiction. However, the court found that the petition was rendered moot and the remedies sought untenable because, by the time of determination, the Electoral Commission had already declared and gazetted a winner (Hon. Among Anita Annet) who was not a party to the proceedings. The court emphasized that once a candidate is gazetted, any challenge to their election must be brought by way…

Source excerpt

  • Electoral Commission Jurisdiction
  • Nomination Disputes
  • Gazetting Of Candidates
  • Locus Standi
  • Remedies In Election Petitions
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Election Petitions [2018] UGHCCD 214

Osupelem v Electoral Commission

Osupelem v Electoral Commission (Election Petition 2 of 2018) [2018] UGHCCD 214 (13 July 2018)

Court
HC: Civil Division (Uganda)
Case number
Election Petition 2 of 2018
Judge
Musa Ssekaana, J

The court held that the Electoral Commission was justified in denominating the petitioner because the names on her academic documents did not match those on her nomination and national register, and she failed to provide sufficient legal evidence of a proper change of name. The statutory declaration and deed poll were inadequate to explain the addition of 'Osupelem' to her name, as the law requires a formal process for name changes, especially where identity is in question. The court distinguished prior authorities where proper evidence of name change was provided. The Commission's actions in…

Source excerpt

  • Candidate Nomination
  • Academic Qualification Disputes
  • Change Of Name Procedure
  • Locus Standi
  • Gazetting Of Candidates
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.