Uganda Case Law

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

Kasana Kakembo Adyeri v Sentayi Senkusi and Another

Kasana Kakembo Adyeri v Sentayi Senkusi and Another (Election Petition No. 9 of 2021) [2021] UGHCEP 31 (10 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 9 of 2021

Judge

Ajiji, J

The High Court upheld a preliminary objection, finding the election petition barred by res judicata because the key issues had already been decided.

• Res Judicata
• Academic Qualification Disputes
• Nomination Challenges
• Name Discrepancy
• Election Malpractice Allegations
• Res-judicata

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