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Uganda decisions
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Chief Registrar of Titles v Sudaplast Industries (Civil Appeal 6 of 1998) [1999] UGCA 52 (14 September 1999)
The Court of Appeal held that proceedings filed by counsel without a valid practising certificate were a nullity, quashed the impugned orders, and awarded costs to the appellant.
Bakunda v Kinyatta & Anor (Civil Appeal No. 27 of 1996) [1996] UGCA 1 (20 November 1996)
The Court of Appeal held that an advocate commissioned as a commissioner for oaths ceases to have authority to administer oaths upon expiration of his practising certificate, as the commission is contingent on the advocate's status as a practising advocate. Any affidavit sworn before a commissioner for oaths who lacks a valid practising certificate is invalid and of no legal effect. The court relied on statutory provisions and case law, including Kabogere Coffee Factory v Haii Twahibu Kigongo, which established that documents filed after the grace period are invalid, and Makula International…
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Bakunda v Dr. Kinyatta and Another (Election Petition 18 of 1996) [1996] UGHC 64 (16 September 1996)
The court held that the affidavit accompanying the petition was commissioned by a person without a valid practising certificate, rendering it invalid and of no legal effect. Since the affidavit is an integral part of an election petition, its invalidity means there is no valid petition before the court. Consequently, there is nothing to amend, and the application to amend must fail. Allowing the amendment would be tantamount to permitting the petitioner to file a new petition outside the statutory time limit, which would defeat the intention of the legislature. The application was therefore d…
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