Magombe v Electoral Commission & Anor
Magombe v Electoral Commission & Anor (Election Petition Appeal No.088 of 2016) [2018] UGCA 32 (1 June 2018)
The Court of Appeal held that the Appellant failed to discharge the burden of proof regarding the 2nd Respondent's academic qualifications, as mere discrepancies in names and lack of cogent evidence were insufficient to impeach the nomination. The trial judge's refusal to declare the Appellant as winner and her order on costs were upheld as proper exercises of discretion, given the inability to conclusively determine the winner due to tallying errors affecting both parties. However, the appellate court found that the trial judge erred in excluding evidence of Declaration of Results Forms for…
Source excerpt
- Nomination Qualification Disputes
- Academic Credentials Verification
- Tallying Errors
- Burden Of Proof
- Costs Award
- Admission Of Evidence