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20 Oct 2017

Election Petitions [2017] UGCA 37

Mandera v Bwowe

Mandera v Bwowe (Election Petition Appeal No. 91 of 2016) [2017] UGCA 37 (20 October 2017)

Court: Court of Appeal of Uganda
Case number: Election Petition Appeal No. 91 of 2016

The Court of Appeal found that the appellant was academically qualified to stand for Member of Parliament, as the O' Level Certificate in question, though bearing the name Nandera Amos, was proven through statutory declaration and supporting affidavits to belong to Mandera Amos. The respondent failed to adduce credible evidence of another person named Nandera Amos, and the burden of proof remained with the party asserting the existence of such a person. The correction of the name by UNEB was validly based on school records and affidavits, and the statutory declaration sufficed to clarify the…

Source excerpt

Academic Qualification For Mp
Burden Of Proof
Service Of Petition
Statutory Declaration
Name Discrepancy In Certificates

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2 Jun 2011

Election Petitions [2011] UGHC 67

Mukoni Collins Vs Electoral Commission & Anor (HCT-04-CV-MA 0055 of 2011)

Mukoni Collins Vs Electoral Commission & Anor (HCT-04-CV-MA 0055 of 2011) [2011] UGHC 67 (2 June 2011)

Court: High Court of Uganda
Case number: HCT-04-CV-MA 0055 of 2011

The court found that the applicant failed to demonstrate special circumstances justifying the enlargement of time for service of the election petition. The evidence presented was not credible or sufficiently supported, particularly regarding the alleged administrative delays at the court registry. The statutory requirements for filing and serving election petitions are mandatory and must be strictly complied with. The applicant's conduct was found to be dilatory, and the effective filing of the petition occurred outside the statutory period. The court emphasized that discretion to enlarge tim…