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Citation
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Judgment date
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| December 2012 |
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An application for review must meet statutory grounds and cannot be based on ignorance of the law or procedural errors alone.
Civil procedure – review of judgment – grounds for review – error on the face of the record – discovery of new and important evidence – summary dismissal of application for review – right to a fair hearing.
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19 December 2012 |
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Reimbursement orders against a third party require proof of contractual indemnity and proper Order 1 Rule 18 directions; appeal allowed.
Carriage of goods by rail – loss in transit – evaluation of evidence on shared responsibility; Third‑party proceedings – Order 1 Rule 18 – requirement to apply for directions when seeking contribution/indemnity; Indemnity – liability to third party must be supported by express or implied contract evidence; Procedural irregularity and miscarriage of justice – scheduling memorandum does not cure absence of required third‑party directions or absence of indemnity evidence.
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14 December 2012 |
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Court used Rule 36 to correct a clerical omission and grant the appellant a certificate for two counsel.
Appellate procedure – correction of clerical or accidental omissions under Rule 36; power to amend judgment post-delivery; award of certificate for two counsel; absence of respondent objection.
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13 December 2012 |
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13 December 2012 |
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Failure to sum up to assessors vitiated the trial; conviction quashed and applicant released in interest of justice.
Criminal procedure – Assessors: mandatory oath and summing-up – omission to swear assessors may be irregular but not always fatal; failure to sum up to assessors is fundamental and vitiates trial; retrial discretion where long delay may justify release.
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6 December 2012 |
| November 2012 |
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The court dismissed the appeal, confirming the election results as valid amidst unproven allegations of electoral misconduct.
Election Law – Election Petition – Allegations of electoral offences and non-compliance with electoral laws – Burden and standard of proof in election disputes.
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23 November 2012 |
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Registrar's extension of time can validate late service of a request for record and prevent striking out of an appeal.
Civil procedure – striking out appeals – Rule 82: essential steps and prescribed time; Extension of time – Registrar’s jurisdiction under Practice Direction and Rule 5; Rule 83(2)-(3) – application for record of proceedings, service and proof of service; Effect of extension – validation of documents already filed; Counsel’s inadvertence – remedied by extension where no miscarriage of justice shown.
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23 November 2012 |
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Appeal dismissed: taxed bill of costs and interest/accountability claims were not proved; each party to bear own costs.
Civil procedure – security for costs – taxation of a bill of costs and appropriate remedies against a taxed or excessive bill (appeal or review). Receivership – duty of receiver to account for all receipts and payments; requirement to prove unexplained debits with admissible evidence. Contract/evidence – exclusion of oral evidence that contradicts a written agreement and the burden to prove claimed interest computations.
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19 November 2012 |
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Appeal dismissed: appellant failed to prove excessive costs, miscomputed interest, or the unexplained ledger debit; costs borne equally.
Receivership – duty of receiver to account – obligation to provide detailed receipts and payments; proof required for unexplained debits. Civil procedure – taxation of costs – remedies against excessive bills of costs lie by appeal or review, not by fresh claim. Contracts/evidence – commencement of interest on sale proceeds – interest may run from transfer date if supported by evidence; oral evidence cannot contradict written contract without admissible basis. Evidence – admissibility and weight of documents prepared by unqualified persons; requirement to prove special damages.
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19 November 2012 |
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Applicant’s breast implant complications deemed a grave illness; bail pending appeal granted subject to strict financial and reporting conditions.
Criminal procedure – bail pending appeal – grant of bail on medical grounds – sufficiency of medical evidence – expert report and oral testimony – grave illness (breast implant rejection) – conditions for bail (cash deposit, sureties, bonds, reporting).
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15 November 2012 |
| October 2012 |
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High Court erred by disregarding a Court of Appeal interim order, converting a taxation appeal into summary disciplinary action, and displaying bias.
Court of Appeal — interlocutory orders — registrars’ interim orders must be obeyed; Advocates Act — taxation/reference v. disciplinary proceedings — Disciplinary Committee’s exclusive procedure for professional misconduct; judicial impartiality — appearance of bias; remedy — setting aside judgment and remitting for rehearing.
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19 October 2012 |
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Leave to appeal requires prima facie or arguable grounds; absent such grounds, leave will be refused and application dismissed.
Civil procedure — Leave to appeal — No automatic right where statute does not provide — Applicant must show prima facie or arguable grounds — Abstract or disconnected points of law insufficient — Preliminary objections (cause of action, limitation, res judicata, illegality) — Application dismissed; case recommenced in High Court.
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12 October 2012 |
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Appellate court allowed appeal: bribery and EC non-compliance not proven; trial judge mis-evaluated uncorroborated partisan evidence.
Electoral law – election petitions – bribery: requirement to prove gift given by candidate/agent to registered voter with intent to influence vote – need for independent corroboration of partisan witnesses – distinction between bribery (illegal practice) and non-compliance by Electoral Commission – assessment of materiality of irregularities (qualitative vs quantitative).
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5 October 2012 |
| September 2012 |
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CL|Arbitration Award|Set Aside Arbitration Award|Civil Appeal Procedure
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20 September 2012 |
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Advocate’s negligence may constitute sufficient cause for extension; defective affidavit should be cured, not cause dismissal.
Civil procedure – Extension of time – Delay caused by counsel’s negligence may constitute sufficient cause under Rule 5; Registrar erred in dismissing application for lack of copy of letter applying for proceedings (r.83(3)) and for defective affidavit; defective affidavit should be struck out/amended, not lead to dismissal; land cases – parties entitled to exhaust appeal rights.
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7 September 2012 |
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Appeal struck out for failure to serve the notice of appeal in time; each party to bear own costs.
Election law — procedural compliance — service of notice of appeal and request for proceedings — Rule 78(1) & Rule 82 Court of Appeal Rules — time of the essence in election appeals — failure to take essential step — appeal struck out; costs each party to bear.
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5 September 2012 |
| August 2012 |
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Repeated adjournments by the applicant warranted dismissal for want of prosecution; no bias or unfair hearing established.
Election petitions – dismissal for want of prosecution – judicial discretion – need for expedition in election disputes – adjournments – amendment of pleadings – production of documents and cross‑examination – fair hearing under Article 28 – allegation of judicial bias and tests for bias.
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24 August 2012 |
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Uncertified declaration forms inadmissible without request; inadequate proof of intimidation; appellant declared validly elected.
Election law – admissibility of Declaration of Results forms; uncertified DR forms require prior request to Electoral Commission or court order to be admissible; substantial effect test for irregularities (Besigye/Kakooza); requirement for corroboration of voter intimidation evidence.
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13 August 2012 |
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Whether alleged procedural defects justified striking out a notice of appeal in an election appeal.
Election appeal procedure – timeliness of notice of appeal – service of record of appeal within prescribed period – application for record of proceedings not mandatory – Registrar's certification and certified copies sufficing – striking out notice of appeal.
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6 August 2012 |
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Appellant-candidate’s election nullified because his equivalency certificate relied on unauthentic underlying documents; fresh elections ordered.
Election law – Qualification for District Chairperson – A‑Level or equivalent required; Burden of proof lies on candidate under Article 80; NCHE equivalence may be challenged if underlying documents are fraudulent; High Court may inquire into authenticity of supporting certificates; Heightened standard of proof in election petitions.
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1 August 2012 |
| July 2012 |
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Whether bribery was proved and whether selective trial evaluation violated the petitioners’ right to a fair hearing.
Election law – Allegations of bribery – Ingredients and standard of proof for bribery under s.68 PEA; Evidence – burden of proof and proof of voter status (voter’s card vs voters’ register); Election petitions – appraisal of partisan/accomplice witness evidence and need for corroboration; Procedural fairness – whether selective consideration of pleaded incidents violates right to fair hearing; Remedy – annulment and by-election where bribery proved.
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20 July 2012 |
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Bribery allegation by an agent was unproven and excluded polling‑station results did not substantially affect the election outcome.
Election law — Alleged bribery by a candidate’s agent — insufficiency and lack of corroboration of partisan witness evidence; disenfranchisement — exclusion of DR Forms from multiple polling stations requires proof of substantial effect on result; appellate re‑appraisal and substitution of orders dismissing petition.
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3 July 2012 |
| June 2012 |
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Failure to show sufficient, corroborated reason for delay in an election appeal warranted dismissal of the reference with costs.
Election petitions — extension of time — sufficient cause — mistake of counsel/inadvertence — hearsay and lack of corroboration — strict time limits for election appeals — Rule 83 inapplicable to election petition appeals — judicial discretion and review.
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28 June 2012 |
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Failure to prove credible cause or counsel’s verified mistake defeats extension of time in time‑bound election appeals.
Election petitions – strict time limits – vigilance required; extensions granted only for sufficient cause. Extension of time – applicant must produce credible, particularised evidence; affiants or counsel must verify claims of counsel’s inadvertence. Mistake of counsel – not automatically excusable; requires proof amounting to an error of judgment or unavoidable mistake. Judicial discretion – appellate interference only where misdirection, unreasonable exercise, or manifest injustice shown.
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28 June 2012 |
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Leave to appeal under Order 44 must first be sought from the trial/revising court; failure renders the appellate application incompetent.
Civil procedure – Leave to appeal – Order 44 CPR – Revision orders under section 83 CPA not appealable as of right – Leave must first be sought from the court entertaining the revision; appellate court may be approached only after trial court refuses; mandatory vs directory interpretation of procedural rules; delay and dilatory conduct disentitle applicant to relief.
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14 June 2012 |
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The court dismissed an appeal application due to non-compliance with procedural requirements for seeking prior leave from the trial court.
Civil Procedure - application for leave to appeal - necessity of first seeking leave from trial court - procedural compliance required.
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14 June 2012 |
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No appeal lies to the Court of Appeal from interlocutory High Court orders in election petitions under s.66(1) PEA; Notice of Appeal struck out.
Parliamentary Elections Act s.66(1) — appealability — appeals permitted only against High Court determinations on election petitions, not interlocutory orders; election petition rules and statutory scheme require expeditious final resolution; Court of Appeal’s jurisdiction is statutory and limited.
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14 June 2012 |
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14 June 2012 |
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The court refused the Electoral Commission’s joinder application, holding no necessity or prejudice shown to justify adding it as respondent.
Civil procedure – Joinder of parties on appeal – Inherent powers of the court (Rule 2(2)) – Requirements to show presence necessary for effectual and complete adjudication or that orders sought will affect the person’s interests. Principles – a person should not be compelled to be sued where appellant has no cause of action against them; appeals decided on record of lower court. Election procedure – recount order challenged on appeal; joinder of electoral body not justified without specific prejudice or material evidence.
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13 June 2012 |
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Failure to serve notice within seven days is a technical irregularity absent prejudice; Electoral Commission’s breaches annulled the election.
Electoral law – service of Notice of Presentation of petition – requirement directory, not jurisdictional, where no prejudice. Evidence – affidavits in election petitions – liberal approach to illiterate deponents; exclusion warranted for hearsay or matters beyond personal knowledge. Electoral Commission duty – proper counting, certification and accounting of ballots; failure may substantially affect results. Relief – where non‑compliance substantially affects result, election may be annulled and fresh election ordered. Costs – where Commission’s failures cause annulment, Commission liable for costs.
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11 June 2012 |
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Court upheld revocation of fraudulent Letters of Administration, finding mismanagement and exclusion of rightful beneficiaries from the deceased's estate.
Succession and administration of estates – Fraudulent procurement of Letters of Administration – Exclusion of beneficiaries – Mismanagement of estate – True and correct inventory – Appointment of administrators – Evaluation of oral evidence in the absence of scientific (DNA) evidence – Civil procedure – Costs – Allegation of judicial bias.
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8 June 2012 |
| May 2012 |
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Wrongful dismissal affirmed; reinstatement refused under s.71; damages upheld; appeal dismissed with costs.
Public service dismissal – constitutional protection of tenure (Article 173) – dismissal requires just cause and proper procedure; Employment Act s.71 – reinstatement discretionary with specified exceptions; damages – appellate interference only for wrong principle or manifestly excessive/low award; common law principles on dismissal incorporated into domestic law; vicarious liability question considered but appeal dismissed.
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29 May 2012 |
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Unsigned declaration forms do not automatically invalidate votes if matching signed originals or corroborating documents exist and voters would otherwise be disenfranchised.
Election law – Declaration of Results forms – Effect of presiding officer’s signature – Substantial compliance and disenfranchisement; Election petitions – burden of proof and particulars; Recounts – discretionary, not automatic; Costs – responsibility where electoral officials’ failures prompt litigation.
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25 May 2012 |
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Assault causing actual bodily harm not 'moral turpitude' absent conduct shocking to the community; appeal dismissed.
Constitutional law – Election qualifications – Article 80(2)(f) – disqualification for conviction of a crime involving dishonesty or moral turpitude.* Definition and test for moral turpitude – requires extreme wickedness shocking to the moral sense of the community; case-by-case factual assessment.* Evidence of community reaction/electoral outcome may be relevant to whether conduct is morally shocking.* Assault occasioning actual bodily harm (light physical assault) not necessarily a crime involving moral turpitude.
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24 May 2012 |
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Whether the respondent met the statutory A‑level education requirement and whether his affidavits were valid for the election petition.
Constitutional and electoral law – qualification for parliamentary candidates – meaning of “formal education” and A‑level requirement; non‑retroactivity of Education Act 2008. Administrative law – Electoral Commission’s duties at nomination – pleading requirements for cause of action. Evidence and procedure – admissibility of affidavits – oath or affirmation consistent with religious freedom and Oaths Act construction. Civil procedure – striking out pleadings and consequences; costs follow the event.
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21 May 2012 |
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A plea of causation and mitigation and a typographical error do not justify striking out a defence; matter must proceed to trial.
Civil procedure – striking out pleadings – standard for defences (O.6 r.8 CPR); inherent jurisdiction (s.98 Civil Procedure Act) to prevent abuse of process to be exercised sparingly; causation and mitigation as substantive defences affecting liability and quantum; typographical/technical errors curable to secure substantive justice.
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21 May 2012 |
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A parliamentary election was nullified after the elected member was found to have used forged academic documents for nomination.
Election petition – Academic qualifications – Use of forged diploma for university admission and parliamentary nomination – Burden of proof in cases of fraud – Admissibility of affidavits and electronic evidence – Nullification of election for lack of requisite qualifications.
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16 May 2012 |
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Stay of proceedings denied; Registrar's limitations emphasized, conserving status quo pending High Court decisions.
Civil procedure - Stay of proceedings - Judicial authority of registrars to issue interim orders - Appeal process and discretion.
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11 May 2012 |
| April 2012 |
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Failure by the intending appellant to take essential steps (including lodging the Record of Appeal) led to striking out the election appeal.
Election law – appeal prosecution – Rule 29,30,31 Parliamentary Elections (Election Petitions) Rules; computation of time – exclusion of judgment day (Interpretation Act/Rule 4 Judicature Rules); duty of intending appellant to take essential steps; failure to obtain/ lodge Record of Appeal; strike out under Rule 82.
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30 April 2012 |
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An intending appellant’s failure to take essential, timely steps in an election appeal justified striking out the appeal and costs.
Election law – appeal procedure – computation of time; written notice of appeal excludes day of judgment. Court of Appeal Rules/Parliamentary Elections Rules – essential steps: filing/serving notice, filing memorandum, lodging record of appeal. Procedural law – duty of intending appellant to diligently prosecute appeal; failure to request certified record or seek extensions justifies strike-out under Rule 82. Election appeals – requirement for expedition and refusal to excuse unexplained delay that undermines timely disposal.
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30 April 2012 |
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Applicant failed to show prima facie case or irreparable harm to enjoin a near-complete public inquiry.
Constitutional law – interim relief; temporary injunction – requirements of prima facie case, irreparable harm and balance of convenience; allegations of bias in public inquiries; delay/laches and public interest where inquiry is near completion.
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30 April 2012 |
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Failure to serve the written request for High Court proceedings was a fatal omission; the Notice of Appeal is struck out with costs.
Civil procedure — Appeals — Election petitions — Requirement to serve copy of written request for High Court proceedings on affected parties — Rule 83(3) Judicature (Court of Appeal Rules) — Failure to take essential step — Notice of Appeal struck out — Time and expedition in election matters.
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30 April 2012 |
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Late payment of fees treated as irregularity; uncorroborated partisan evidence failed to prove electoral bribery.
Election law – timeliness and court fees – presentation versus filing; electoral bribery – ingredients: gift to a registered voter, giver’s intent to influence voting; corroboration required for partisan witnesses; right to fair hearing – parties must be heard on jurisdictional/filing irregularities.
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20 April 2012 |
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No appeal to the Court of Appeal lies from a High Court decision on electoral complaints where statute and Constitution make it final.
Election law — Appeals — Finality of High Court decisions under Article 64(4) Constitution and section 15(4) Electoral Commission Act; Competency of appeal to Court of Appeal; Integrity of court record — alleged forged leave-to-appeal entry; Registrar and advocate professional conduct referral to Law Council.
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17 April 2012 |
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Election results were nullified due to bribery at Ruharo Church, requiring fresh elections in the constituency.
Electoral law – election petition – voter transfer impact on election results – bribery and illegal practices.
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17 April 2012 |
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Whether church fundraising during campaign amounts to an illegal practice under section 68(7) of the Parliamentary Elections Act.
Election law – illegal practice of fundraising – interpretation of section 68(7)–(8) Parliamentary Elections Act – admissibility and weight of viva voce evidence after affidavit struck out – constitutional protection for manifestation of religion (Article 29(1)(c)) – burden of proof in election petitions (balance of probabilities).
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13 April 2012 |
| March 2012 |
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Appeal allowed: appellant’s qualification upheld; trial judge’s handwriting comparison and denial of cross-examination violated fair hearing, judgment set aside.
Election law – qualification for nomination – Makerere Mature Age Entry Examination and NCHE equivalence – alleged forgery insufficient without cancellation by awarding institution; Evidence – s.72 Evidence Act and handwriting comparison – judge-made comparisons without expert evidence hazardous; Constitutional law – right to fair hearing (Art.28(1)) – denial of opportunity to cross-examine court-called witness vitiates decision; Procedural law – consolidation and supporter-signature technicalities treated as non-fatal in pursuit of substantive justice.
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30 March 2012 |
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Standard of proof in parliamentary election petitions is balance of probabilities; irregularities found did not substantially affect the result.
Election law – Parliamentary Elections Act s.61(3): standard of proof on balance of probabilities; Declaration of results forms – requirement of presiding officer signature; Ballot stuffing – definition, burden and need for sufficient, beneficiary-linked evidence; Custody of ballot boxes – improper handling and aborted recount; Substantial effect test – qualitative and quantitative assessment of irregularities.
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30 March 2012 |
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30 March 2012 |
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20 March 2012 |
