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1 Sept 2021

Election Petitions [2021] UGHC 52

Apama Amato v Obiga Kania and Anor

Apama Amato v Obiga Kania and Anor (Election Petition No. 2 of 2021) [2021] UGHC 52 (1 September 2021)

Court: High Court of Uganda
Case number: Election Petition No. 2 of 2021
Judge: Boniface Wamala, J

The court held that an affidavit supporting an election petition commissioned by an advocate who did not possess a valid practicing certificate at the time is invalid. The commission as Commissioner for Oaths terminates when the advocate ceases to practice lawfully, which includes the requirement of a valid practicing certificate. The defect is substantive and not curable by re-commissioning or by invoking Article 126(2)(e) of the Constitution, as it is not a mere technicality but an illegality. The option to rectify the defect under Section 14A of the Advocates (Amendment) Act is only availa…

Source excerpt

Commissioner For Oaths Affidavit Validity
Practicing Certificate Requirement
Parliamentary Elections Act Compliance
Costs In Election Petitions

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11 Oct 2001

Civil Procedure [2001] UGCA 45

Masiibiri v Sugar Corporation Uganda Limited and Kagiri

Masiibiri v Sugar Corporation Uganda Limited and Kagiri (CIVIL APPLICATION NO.17 OF 2001) [2001] UGCA 45 (11 October 2001)

Court: Court of Appeal of Uganda
Case number: CIVIL APPLICATION NO.17 OF 2001
Judge: Twinomujuni, JA

The court found that the application was filed by Nathan Twinomugisha, an advocate who did not possess a valid practicing certificate at the material time. The applicant failed to challenge this assertion by affidavit, and the evidence was therefore accepted as uncontroverted. In accordance with established legal principles, documents filed by an advocate without a practicing certificate are invalid and incapable of commencing a valid application. The application was thus incompetent and had to be struck out with costs to the respondent.