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Election Petitions [2022] UGCA 262

Male Wilson v Kayondo Fred and Another

Male Wilson v Kayondo Fred and Another (Election Petition Appeal No. 47 of 2021) [2022] UGCA 262 (19 July 2022)

Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 47 of 2021
Judge
Mulyagonja, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that section 14A of the Advocates Act protects innocent litigants from the consequences of their advocate's lack of a valid practicing certificate, and that such defects in affidavits are curable. The court found that the trial Judge erred by striking out the petition on a technicality and by not allowing the appellant to rectify the defect in accordance with section 14A. The court emphasized that substantive justice should prevail over procedural technicalities, and that the appellant, having made an application to rectify the defect as soon as it was discovered, was…

Source excerpt

  • Defective Affidavits
  • Commissioner For Oaths Practicing Certificate
  • Innocent Litigant Protection
  • Rectification Of Procedural Defects
  • Application Of Section 14a Advocates Act
  • Striking Out Petitions
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Election Petitions [2022] UGCA 186

Male v Kayondo and Another

Male v Kayondo and Another (Election Petition Appeal No. 47 of 2021) [2022] UGCA 186 (19 July 2022)

Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 47 of 2021
Judge
Mulyagonja, JA, Bamugemereire, JA, Buteera, DCJ

The Court of Appeal held that section 14A of the Advocates Act is intended to protect innocent litigants from the consequences of their advocate's lack of a valid practicing certificate. The section allows a party to rectify defects arising from such circumstances without invalidating the pleadings or dismissing the case. The court found that the trial Judge erred in striking out the petition for defective affidavits without granting the appellant an opportunity to rectify the defect, as required by section 14A. The court emphasized that procedural defects should not defeat substantive justic…

Source excerpt

  • Defective Affidavits
  • Commissioner For Oaths Practicing Certificate
  • Innocent Litigant Protection
  • Rectification Of Procedural Defects
  • Application Of Section 14a Advocates Act
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Election Petitions [2022] UGCA 183

Hon. Lokeris v Komol and Another

Hon. Lokeris v Komol and Another (Election Petition Appeal No. 9 of 2021) [2022] UGCA 183 (1 July 2022)

Court
Court of Appeal of Uganda
Case number
Election Petition Appeal No. 9 of 2021
Judge
Monica K. Mugenyi, JA, Egonda-Ntende, JA, Muzamiru, JA

The Court of Appeal held that the expiry of an advocate's practicing certificate does not, by itself, terminate the commission as Commissioner for Oaths. Therefore, affidavits commissioned by an advocate whose practicing certificate had expired, but who had not ceased to practice, are not invalid solely for that reason. The trial judge erred in holding otherwise and in dismissing the petition on that ground. However, the court also held that Section 14A of the Advocates Act, which allows rectification of defects caused by advocates without valid practicing certificates, does not apply to the…

Source excerpt

  • Commissioning Of Affidavits
  • Practicing Certificate Requirements
  • Rectification Of Procedural Defects
  • Timelines For Election Petitions
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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