Namboowa Vs Bavekuno & Anor (Election Petition Appeal No. 69 of 2016) [2017] UGCA 125 (22 December 2017)

Civil Procedure|Actions and applications
Case summary
The court considered the 1st ground of appeal about the affidavits expunged off the record, the court observed that certification of the jurat by the interpreter rather than the commissioner for oaths was an insubstantial deviation which never seriously flouted the law. The court considered the complaint that the exhibits attached to the petition served on the 1 st respondent were not sealed and certified and the court observed that in the spirit of dispensing substantial justice, the learned judge should not have dismissed the matter on a preliminary point of law. The court also considered whether failure to report irregularities to the electoral commission precludes court from hearing the petition. The court observed that the court was right but it did not oust the unlimited jurisdiction of the High Court and held that the appellant’s case before the High court was properly filed. The appeal was allowed and the judge’s judgment was set aside.

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