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Uganda decisions
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Ojera Christopher vs Hon. Akol Anthony (Miscellaneous Application No. 62 of 2021) [2022] UGHC 27 (25 October 2022)
The High Court dismissed a revision application arising from a vote-recount dispute, finding the applicant had not diligently prosecuted the matter or filed the necessary record.
Nsibirwa v Mugaga and Anor (Civil Revision 5 of 2021) [2021] UGHCCD 4 (26 February 2021)
The court held that the Chief Magistrate's Court did not have jurisdiction to order a recount of votes in the absence of a specific provision under the Local Government Act permitting such an application. The applicant's reliance on general procedural statutes and inherent powers was misplaced, as election matters are governed by special statutes that strictly define available remedies and jurisdiction. Section 142(4) of the Local Government Act allows for a recount only in the context of a decision under subsection 3, not as an independent application. The court emphasized that statutory jur…
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Ibaale v Katuntu & Anor (Election Appeal No. 41 of 2016) [2017] UGCA 40 (20 October 2017)
The Court of Appeal dismissed an election appeal arising from Bugweri County, upholding the High Court’s rejection of complaints about fair hearing, defamation, recount, and affidavit evidence.
Ayena Odongo v Okello Engola and 4 Ors (Parliamentary Election Petition No. 8 of 2016) [2016] UGHCEP 73 (28 June 2016)
The Court of Appeal dismissed an election appeal over Aruu North, upholding nullification of the MP election after failed recount proceedings and substantial noncompliance.
Bagoola Ngobi v Kyobe Inyensiko (Misc Cause 6 of 2016) [2016] UGHC 5 (25 April 2016)
The High Court found that the Chief Magistrate acted with material irregularity and illegality by ordering and conducting a blanket recount of all polling stations in Luuka North Constituency, despite the presence of unsealed and tampered ballot boxes, and without specific grounds or numerical errors being established. The recount process failed to meet the requirements of the Parliamentary Elections Act, which mandates specificity and integrity of ballot materials for a valid recount. The application for revision was competently before the court, as the High Court retains supervisory jurisdi…
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