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Uganda Case Law

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Election Petitions [2024] UGHCCD 55

Tamusuza v Electoral Commission

Tamusuza v Electoral Commission (Election Petition Appeal 13 of 2019) [2024] UGHCCD 55 (23 April 2024)

The High Court dismissed an election petition appeal, upholding the trial court’s annulment challenge because the appellant’s key election return was unauthenticated and unreliable.

  • Burden Of Proof
  • Standard Of Proof
  • Evidence Authenticity
  • Local Council Elections
  • Costs Award
  • Election-petitions
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Election Petitions [2021] UGHCEP 42

Ariko v Omara and Another

Ariko v Omara and Another (Election Petition No. 7 of 2021) [2021] UGHCEP 42 (26 August 2021)

The petition was brought under the wrong law, namely Section 4(4)(a) of the Parliamentary Elections Act, which does not apply to local council elections. The applicable law for resignation of public officers seeking local council office is Section 116(5) of the Local Governments Act, which prescribes a thirty-day period, not ninety days. Section 172 of the Local Governments Act does not empower petitioners to invoke the Parliamentary Elections Act except where there is a lacuna, and only the Electoral Commission may do so. The defect in the pleadings is substantive and not curable by amendmen…

  • Nomination Requirements
  • Public Officer Resignation
  • Local Council Elections
  • Statutory Interpretation
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Election Petitions [2017] UGHCEP 6

Makatu v Weswa and Another

Makatu v Weswa and Another (Election Petition Appeal No. 73 of 2016) [2017] UGHCEP 6 (17 August 2017)

The Court of Appeal dismissed an election petition appeal, holding that there was no credible proof of malpractice at Nakhamosi Polling Station and that the results should be counted.

  • Local Council Elections
  • Standard Of Proof
  • Electoral Malpractice
  • Appellate Procedure
  • Vote Tallying
  • Role Of Electoral Commission
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Election Petitions [2017] UGCA 128

Makatu Vs Weswa & Anor

Makatu Vs Weswa & Anor (Election Petition Appeal No. 73 of 2016) [2017] UGCA 128 (17 August 2017)

The Court of Appeal found that the trial judge properly evaluated the evidence and that there was no credible or sufficient proof of electoral malpractice or excess ballots at Nakhamosi Polling Station. The evidence presented by the appellant and his witnesses was found to be speculative, contradictory, and unsupported by neutral or documentary evidence. The police intervention and subsequent cancellation of the results were unjustified, as the Electoral Commission did not receive or examine any complaint of irregularity. The court further held that the correct procedural rules for filing the…

  • Local Council Elections
  • Standard Of Proof
  • Vote Tallying
  • Cancellation Of Results
  • Procedural Timelines
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Election Petitions [2011] UGHCEP 302

Mayusi v Electoral Commision and Anor

Mayusi v Electoral Commision and Anor (Election Petition No. 26 of 2011) [2011] UGHCEP 302 (4 October 2011)

The court found that at Rurwa and Shamukunga polling stations, there was proven falsification of results, with the petitioner being credited with fewer votes than he actually received. The total discrepancy was approximately 150 votes, which exceeded the margin of victory (31 votes). Additionally, there was credible evidence of voter intimidation and harassment at Shamukunga polling station, which further affected the outcome. The court held that these irregularities constituted substantial non compliance with electoral laws and materially affected the results. However, the court was not sati…

  • Local Council Elections
  • Electoral Offences
  • Vote Falsification
  • Voter Intimidation
  • Remedies For Electoral Irregularities
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Election Petitions [2011] UGHCEP 299

Akileng v Olirah and Anor

Akileng v Olirah and Anor (Election Petition No. 27 of 2011) [2011] UGHCEP 299 (28 July 2011)

The court found that the conduct of the LCIII Chairperson elections in Mella sub county was substantially in compliance with the Local Government Act. Alleged irregularities, such as errors in computation, unsigned declaration forms, and claims of intimidation or violence, were either minor, corrected, or unsupported by credible evidence. The votes cast for each candidate were properly accounted for, and no evidence was adduced to show that any malpractice or non-compliance affected the results in a substantial manner. The burden of proof was not discharged by the petitioner, and no illegal p…

  • Local Council Elections
  • Electoral Malpractice
  • Declaration Of Results Forms
  • Burden Of Proof In Election Petitions
  • Substantial Compliance
  • Electoral Offences
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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.