Nakalyango Vs Nakasolya (Election Appeal No. 03 of 2017) [2019] UGCA 13 (25 March 2019)

Civil Procedure|Actions and applications
Case summary
The court held that as the second appellate court, it is not required to re appraise the evidence. That on second appeal, the court is precluded from questioning the findings of fact of the trial court. That there was a clear evidence of irregularity in the conduct of the election in issue rendering the integrity of the result of a diminished value. That the findings of the first appellate court were based on reason that cannot be faulted. That the award of costs is a discretional role which must be exercised judiciously and since all the irregularities were committed by the electoral commission, each party would meet their costs.

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