Uganda Case Law

Tete Chelengat v Electoral Commission and Another

Tete Chelengat v Electoral Commission and Another (Election Petition Appeal No. 8 of 2022) [2022] UGCA 136 (6 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 8 of 2022

Judge

Luswata, J, Madrama, JA, Egonda-Ntende, JA

The Court of Appeal held that the applicant failed to comply with the mandatory timelines for filing the memorandum and record of appeal under the Parliamentary Elections Act and Rules. The applicant's reliance on Rule 83 of the Court of Appeal Rules was misplaced, as that rule does not apply to parliamentary election petitions. The statutory scheme for election petitions requires strict and expeditious compliance, and the applicant's decision to await the certified record of proceedings before filing the memorandum of appeal was unlawful. No sufficient cause was shown for extension of time,…

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• Extension Of Time
• Striking Out Appeal
• Adducing Additional Evidence
• Parliamentary Election Petitions
• Procedural Compliance

Ayena Odongo v Attorney General

Ayena Odongo v Attorney General (Constitutional Petition No. 38 of 2017) [2021] UGCC 30 (27 April 2021)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 38 of 2017

Judge

Bamugemereire, JCC, Kakuru, JCC, Madrama, JCC, Mulyagonja, JCC, Buteera, DCJ

The Constitutional Court held that Section 14 of the Parliamentary Elections (Amendment) Act, 2010, which makes the Court of Appeal the final appellate court in parliamentary election petitions, is not inconsistent with Article 132(1) of the Constitution. The Supreme Court precedent in Baku Raphael Obudra and Obiga Kania v Attorney General is binding and establishes that appellate jurisdiction to the Supreme Court in election petitions must be prescribed by law, and Parliament has validly limited such appeals. The statutory six-month time limit for determination of election petition appeals b…

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• Jurisdiction Of Supreme Court
• Parliamentary Election Petitions
• Statutory Time Limits
• Fair Hearing Rights
• Separation Of Powers

Otiam Otaala Emmanuel v Oboth Marksons Jacob & Anor

Otiam Otaala Emmanuel v Oboth Marksons Jacob & Anor (Election Petition No. 0007 of 2011) [2011] UGHC 140 (22 September 2011)

Court

High Court of Uganda

Case number

Election Petition No. 0007 of 2011

Judge

Rugadya, J

The High Court granted enlargement of time to serve an election petition, holding that a Registrar’s unauthorized substituted-service order was a nullity and caused no fault by the applicant.

• Enlargement Of Time
• Service Of Process
• Jurisdiction Of Registrar
• Substituted Service
• Mistake Of Court
• Parliamentary Election Petitions

The returning officer Kampala District Area and 2 Others v Nabagesera

The returning officer Kampala District Area and 2 Others v Nabagesera (Civil Appeal 39 of 97) [1997] UGCA 15 (3 November 1997)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 39 of 97

Judge

Okello, JA, kireju, JA, Twinomujuni, JA

The Court of Appeal refused leave to raise a preliminary objection at the hearing, holding that the respondent had not shown good cause for failing to proceed under Rule 81.

• Preliminary Objection
• Appeal Striking Out
• Compliance With Court Rules
• Parliamentary Election Petitions
• Preliminary-objection
• Court-of-appeal-rules

Ayena v Wacha & Another

Ayena v Wacha & Another (Election Petition 2 of 1996) [1996] UGHC 44 (10 October 1996)

Court

High Court of Uganda

Case number

Election Petition 2 of 1996

Judges

GM OKELLO, J

The petitioner failed to discharge the burden of proof required in election petitions, which is proof beyond reasonable doubt. The affidavits submitted in support of the petition were found to be unreliable due to inconsistencies, falsehoods, lack of evidence showing the respondents' knowledge, consent, or approval of alleged malpractices, and reliance on hearsay. No credible evidence was presented to establish that any malpractices or illegal practices occurred, nor that they affected the results of the election in a substantial manner. The margin of victory was substantial, and no adjustmen…

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• Parliamentary Election Petitions
• Electoral Malpractices
• Burden Of Proof
• Affidavit Evidence
• Standard Of Proof
• Remedies In Election Petitions