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16 Jun 2022

Election Petitions [2022] UGCA 163

Birungi Kobusingye v Nantaba and Another

Birungi Kobusingye v Nantaba and Another (Election Petition Appeal No. 38 of 2021) [2022] UGCA 163 (16 June 2022)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal No. 38 of 2021
Judge: Kiryabwire, JA, Musota, JA, Gashirabake, JA

The Court found that the Appellant failed to discharge the burden of proof required to challenge the 1st Respondent's academic qualifications. Mere discrepancies in names and the presence of 'supplementary' on the A' Level certificate were satisfactorily explained by UNEB and corroborated by affidavits from school officials and statutory declarations. The Appellant did not produce the alleged true owner of the academic documents or any cogent evidence to prove fraud or ineligibility. The law requires more than mere averments; credible evidence must be adduced to the satisfaction of the court.…

Source excerpt

Academic Qualification Disputes
Nomination Challenges
Burden Of Proof Election Petitions
Name Discrepancy In Election Documents
Statutory Declaration Evidence
Costs In Election Litigation

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27 Jul 2017

Election Petitions [2017] UGCA 108

Mutembuli Vs Nagwomu & Anor

Mutembuli Vs Nagwomu & Anor (Election Petition Appeal No. 43 of 2016) [2017] UGCA 108 (27 July 2017)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal No. 43 of 2016
Judge: Kakuru, JA, Egonda-Ntende, JA, Musoke, JA

The Court of Appeal held that the trial Judge was correct in expunging the 86 affidavits as they did not qualify as affidavits in rejoinder but were instead supplementary affidavits introducing new facts without leave of court. The burden of proof regarding academic qualifications remained with the petitioner, who failed to provide direct evidence that the 1st respondent did not possess the requisite qualifications or that the certificates belonged to another person. Discrepancies in names were explained and did not, in themselves, invalidate the respondent's qualifications. Allegations of il…