Uganda Case Law

Gaddaffi v Sekabira and another

Gaddaffi v Sekabira and another (Election Appeal No. 56 of 2021) [2022] UGCA 139 (6 May 2022)

Court

Court of Appeal of Uganda

Case number

Election Appeal No. 56 of 2021

Judge

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

The Court of Appeal held that the High Court does not have original jurisdiction to hear and determine complaints regarding the nomination of candidates; such complaints must first be lodged with the Electoral Commission, and only appeals from the Commission's decisions may be heard by the High Court. The appellant failed to exercise due diligence by not inspecting nomination papers prior to the election and did not raise his complaints at the appropriate time. The trial judge was correct to expunge evidence obtained through falsehoods and procedural defects, as the appellant misrepresented h…

Source excerpt

• Nomination Disputes
• Jurisdiction Of High Court
• Admissibility Of Evidence
• Bribery In Elections
• Burden Of Proof
• Registered Voter Status

Nalubega v Kinyamatama and Another

Nalubega v Kinyamatama and Another (Election Petition No. 6 of 2021) [2021] UGHCEP 38 (17 September 2021)

Court

Election Petitions of Uganda

Case number

Election Petition No. 6 of 2021

Judge

Nambayo, J

The High Court dismissed an election petition challenging a woman MP’s qualification, holding the claim was brought too late and the respondent was a registered voter.

• Qualification For Parliament
• Registered Voter Status
• Name Change And Identity
• Electoral Process Challenges
• Election-petitions
• Parliamentary-qualification

Nalubega v Suubi Kyinyamatama and Another

Nalubega v Suubi Kyinyamatama and Another (Election Petition No. 6 of 2021) [2021] UGHC 4 (17 September 2021)

Court

High Court of Uganda

Case number

Election Petition No. 6 of 2021

Judge

Nambayo, J

The court found that the petitioner was aware of the alleged ineligibility of the 1st respondent prior to the election but failed to utilize the statutory remedies available under Article 61(1)(f) of the Constitution and Section 15 of the Electoral Commission Act to challenge the nomination. The electoral process is segmented, and complaints regarding nomination and qualification must be resolved before the election date. The evidence presented established that the 1st respondent, through a deed poll, statutory declaration, and matching photographs, was the same person as the registered voter…

Source excerpt

• Qualification For Parliament
• Registered Voter Status
• Change Of Name In Elections
• Electoral Process Complaints