Tamusuza v Electoral Commission (Election Petition Appeal 13 of 2019) [2024] UGHCCD 55 (23 April 2024)
Court
HC: Civil Division (Uganda)
Case number
Election Petition Appeal 13 of 2019
Judge
Boniface Wamala, J
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.
Ariko v Omara and Another (Election Petition No. 7 of 2021) [2021] UGHCEP 42 (26 August 2021)
Court
Election Petitions of Uganda
Case number
Election Petition No. 7 of 2021
Judge
Okuo-Kajuga, J
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…
Makatu v Weswa and Another (Election Petition Appeal No. 73 of 2016) [2017] UGHCEP 6 (17 August 2017)
Court
Election Petitions of Uganda
Case number
Election Petition Appeal No. 73 of 2016
Judge
Egonda-Ntende, JA, Obura, JA, Kasule, JA
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.
Makatu Vs Weswa & Anor (Election Petition Appeal No. 73 of 2016) [2017] UGCA 128 (17 August 2017)
Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 73 of 2016
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…
Mayusi v Electoral Commision and Anor (Election Petition No. 26 of 2011) [2011] UGHCEP 302 (4 October 2011)
Court
Election Petitions of Uganda
Case number
Election Petition No. 26 of 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…
Akileng v Olirah and Anor (Election Petition No. 27 of 2011) [2011] UGHCEP 299 (28 July 2011)
Court
Election Petitions of Uganda
Case number
Election Petition No. 27 of 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…