Lumu Richard Kizito v Makumbi & Anor (Election Appeal No. 109 of 2016) [2017] UGCA 33 (27 September 2017)

Flynote

Appeals and reviews|Elections

Case summary

Court considered the appeal ground on whether the trial judge was right in ordering the trial to commence afresh after the first judge excused himself from the case. Court held that hearing the case de novo was within the discretion of the subsequent judge and that the trial judge had not erred. Court also considered whether the trial had erred in finding that the expunged affidavits rendered the petition a naked bundle of averments. Court agreed with the trial judge that upon the expunging of 32 affidavits for being poorly commissioned, the appellant had no evidence on record to satisfy the burden of proof. Court accordingly disallowed the appeal and dismissed it.

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