Uganda Case Law

Kyagulanyi v Museveni & 2 Others

Kyagulanyi v Museveni & 2 Others (Miscellaneous Application 5 of 2021) [2021] UGSC 36 (18 March 2021)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 5 of 2021

Judge

Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC

The Supreme Court found that the applicant complied with all statutory requirements for withdrawal of the presidential election petition, including affidavits confirming absence of corrupt bargain, and that the respondents did not object to the withdrawal. The court held that, pursuant to section 59(4) of the Presidential Elections Act, upon withdrawal of the petition, the candidate declared elected by the Electoral Commission is conclusively taken to be duly elected as President. On costs, the court analyzed whether the statutory provision making the petitioner liable for costs was mandatory…

Source excerpt

• Withdrawal Of Election Petition
• Costs In Election Petitions
• Judicial Discretion
• Declaration Of Elected Candidate