Tamale Vs Ssenkubuge & Anor (Election Petition Appeal No. 75 of 2016) [2017] UGCA 117 (5 December 2017)

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Civil Procedure|Actions and applications|Constitutional Law|Elections

Case summary

The court considered the complaint that the attached declaration forms on the petitioner’s affidavit were public documents and the same had not been certified but the court observed that the appellant would in exceptional circumstances is allowed to present such forms as they would facilitate an inquiry. The court observed that even though elections are matters of urgency, the appellant had filed his additional affidavits before scheduling and that after scheduling; the party can seek leave of court to file additional affidavits. On the complaint of affidavits sworn by illiterate persons, the court stated that the person who writes the name of the illiterate does so on request after such a person appending their signature and that before the document was read and explained to the illiterate; and that in the spirit of administering substantive justice the learned judge should have determined the matter on its merits. The appeal was thereby allowed.

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