Kikongo v Electoral Commission & Anor
Kikongo v Electoral Commission & Anor (Election Appeal No. 75 of 2011) [2012] UGHC 398 (2 March 2012)
The High Court held that the use of 'shall' in Section 6 of the Oaths Act is directory rather than mandatory, in line with appellate authority and constitutional principles favoring substantive justice over technicalities. The presence of undated affidavits served on parties did not vitiate the petition, as the affidavits on the court record were properly dated and sworn. The trial magistrate erred by dismissing the entire petition instead of simply expunging the offending affidavits, as requested by the respondents. The correct procedure would have been to strike out only the defective affid…
Source excerpt
- Affidavit Requirements
- Oaths Act Interpretation
- Mandatory Vs Directory Statutory Language
- Procedural Irregularities
- Costs Award
- Striking Out Affidavits