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19 Jul 2022

Election Petitions [2022] UGCA 262

Male Wilson v Kayondo Fred and Another

Male Wilson v Kayondo Fred and Another (Election Petition Appeal No. 47 of 2021) [2022] UGCA 262 (19 July 2022)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal No. 47 of 2021
Judge: Mulyagonja, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that section 14A of the Advocates Act protects innocent litigants from the consequences of their advocate's lack of a valid practicing certificate, and that such defects in affidavits are curable. The court found that the trial Judge erred by striking out the petition on a technicality and by not allowing the appellant to rectify the defect in accordance with section 14A. The court emphasized that substantive justice should prevail over procedural technicalities, and that the appellant, having made an application to rectify the defect as soon as it was discovered, was…

Source excerpt

Defective Affidavits
Commissioner For Oaths Practicing Certificate
Innocent Litigant Protection
Rectification Of Procedural Defects
Application Of Section 14a Advocates Act
Striking Out Petitions

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19 Jul 2022

Election Petitions [2022] UGCA 186

Male v Kayondo and Another

Male v Kayondo and Another (Election Petition Appeal No. 47 of 2021) [2022] UGCA 186 (19 July 2022)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal No. 47 of 2021
Judge: Mulyagonja, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that section 14A of the Advocates Act is intended to protect innocent litigants from the consequences of their advocate's lack of a valid practicing certificate. The section allows a party to rectify defects arising from such circumstances without invalidating the pleadings or dismissing the case. The court found that the trial Judge erred in striking out the petition for defective affidavits without granting the appellant an opportunity to rectify the defect, as required by section 14A. The court emphasized that procedural defects should not defeat substantive justic…