Uganda Case Law

Mpanga v Ssenkubuge and Others

Mpanga v Ssenkubuge and Others (Election Petition Appeal No. 13 of 2021) [2022] UGCA 220 (5 August 2022)

Court

Court of Appeal of Uganda

Case number

Election Petition Appeal No. 13 of 2021

Judge

Obura, JA, Bamugemereire, JA, Buteera, DCJ

The Court held that an affidavit commissioned by an advocate practicing in the same law firm representing a litigant is fatally defective under section 4(1) of the Commissioner for Oaths (Advocates) Act, as the advocate is considered concerned or interested in the matter. However, the absence or defect of the principal affidavit does not automatically render an election petition incompetent, as the petition may be proved by other forms of evidence, such as oral testimony or supplementary affidavits, in line with civil procedure. The Court found that the trial judge erred in striking out the e…

Source excerpt

• Commissioner For Oaths Affidavit Defects
• Local Council Election Appeals
• Affidavit Evidence Requirements
• Public Document Certification
• Timelines For Appeal Filing

Mpanga v Ssenkubuge and Another

Mpanga v Ssenkubuge and Another (Election Petition No. 15 of 2021) [2021] UGHCCD 112 (8 September 2021)

Court

HC: Civil Division (Uganda)

Case number

Election Petition No. 15 of 2021

Judge

Muwata, J

The High Court struck out an election petition after finding the supporting affidavit was fatally defective because it was commissioned by an advocate from the petitioner’s own law firm.

• Affidavit Defects
• Commissioner For Oaths
• Public Document Certification
• Admissibility Of Evidence
• Timeliness Of Affidavits
• Election-petitions