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19 Jul 2022

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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31 Aug 2021

Election Petitions [2021] UGHC 54

Hon Lokeris v Kamol and Anor

Hon Lokeris v Kamol and Anor (Election Petition No. 1 of 2021) [2021] UGHC 54 (31 August 2021)

Court: High Court of Uganda
Case number: Election Petition No. 1 of 2021
Judge: Monica K. Mugenyi, JA

The court held that the petition was fatally defective and incompetent because the supporting affidavits were commissioned by an advocate who did not possess a valid practising certificate at the time. This contravened the requirements of the Advocates Act and the Parliamentary Elections Act, rendering the affidavits and the petition invalid. The court further held that allowing the petitioner to file fresh affidavits after the statutory period for filing election petitions had lapsed would be illegal and set a negative precedent. The preliminary objection was upheld, and the petition was dis…