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Citation
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Judgment date
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| May 2022 |
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30 May 2022 |
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Nomination complaints apparent before an election must be raised pre-election with the Electoral Commission, not post-election in court.
Electoral law – challenge to candidate qualification – whether nomination complaints must be raised as pre-election disputes before the Electoral Commission – estoppel from post-election challenges to matters discoverable before nomination – appellate procedure in election petitions.
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26 May 2022 |
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Election nomination challenges must be raised before polling; post-election petitions are only for disqualifications discovered later.
Election law – Parliamentary elections – Nomination and eligibility challenges – Timing and forum for raising objections – Sections 15 and 61 of the Parliamentary Elections Act – Estoppel in post-election petitions.
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26 May 2022 |
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Nomination-related complaints must be raised pre-election; post-election petitions cannot address defects apparent at nomination.
Election law – Parliamentary elections – nomination disputes – whether post-election petitions may challenge defects apparent at nomination – requirement for pre-election complaints to be raised before Electoral Commission – statutory interpretation of sections 4, 15, and 61 of Parliamentary Elections Act and section 15 of Electoral Commission Act – estoppel from raising nomination challenges after election.
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26 May 2022 |
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26 May 2022 |
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Illegally reconstituted constituency rendered the election null; fresh election ordered and each party to bear its own costs.
Election law — constituency demarcation — removal of parishes contrary to Gazette — illegality and nullity ab initio — voter disenfranchisement — competency of election petition — costs award set aside.
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24 May 2022 |
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24 May 2022 |
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Circumstantial evidence (grudge, threats, conduct) inadequate to prove guilt; convictions quashed and appellant released.
Criminal law – circumstantial evidence – must exclude every reasonable hypothesis inconsistent with guilt; threats and grudges alone insufficient to convict; statements not a dying declaration where not made under settled expectation of death; conviction cannot rest on suspicion.
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24 May 2022 |
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Electronic evidence must be authenticated; alleged donations/bribery and false-publishing claims were not proved, appeal dismissed.
Election law – admissibility of electronic evidence requires authentication under the Electronic Transactions Act; illegal practices and bribery allegations must be proved on balance of probabilities with cogent, corroborated evidence; illiterate deponents’ affidavits upheld where certificate of translation complies; interpreter’s oath need not appear in jurat; EC not liable absent demonstrated statutory non-compliance.
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24 May 2022 |
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Electronic evidence must be authenticated; appellant failed to prove alleged donations, bribery or false publication, appeal dismissed.
Election law – admissibility of electronic evidence – authentication under Electronic Transactions Act; electoral offences – illegal donations and voter bribery – burden and standard of proof in election petitions; publication of false statements under s.70 Parliamentary Elections Act; affidavits of illiterate deponents – compliance with Illiterates Protection Act and Oaths Act; procedural propriety of grounds of appeal.
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24 May 2022 |
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An election appeal filed outside prescribed time without exceptional cause is incurably defective and may be struck out.
Electoral law – election petition appeals – strict compliance with statutory filing and service time limits – validation/enlargement of time. Procedural law – duty of intending appellant to take active steps to prosecute appeals in election matters. Constitutional provisions – Article 126(2)(e) not a cure for procedural defaults in election petitions. Civil procedure – striking out appeals as incurably defective for late filing
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23 May 2022 |
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Strict compliance with election petition timelines required; late filing without exceptional cause leads to appeal being struck out.
Election petition – strict procedural compliance – extension or validation of time for filing appeal documents – insufficient grounds for late filing – effect of Article 126(2)(e) of the Constitution – appeal struck out as incurably defective.
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23 May 2022 |
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Failure to comply with statutory election-appeal timelines justified striking out the appeal; no validation or extension granted.
Election law – Procedural compliance – Strict time limits for notice, memorandum and record of appeal in election petitions; duty of intending appellant to prosecute promptly; Article 126(2)(e) not a cure for procedural default; validation/extension of time requires exceptional circumstances.
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23 May 2022 |
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Appeal dismissed — petitioner failed to prove bribery or defamation; election result and costs upheld.
Election law – bribery – petitioner must prove gift to a voter, giver is candidate or agent, and intent to influence (cogent evidence on balance of probabilities); Defamation – must plead and prove defamatory words verbatim and their effect; Appellate review – duty to reappraise evidence but will not disturb findings absent cogent proof.
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23 May 2022 |
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Appeal dismissed: petitioner failed to prove bribery or defamatory false statements with cogent, properly-pleaded evidence.
Electoral law – election petition – burden and standard of proof – cogent, corroborated evidence required on a balance of probabilities. Electoral offences – bribery – ingredients: gift to voter; giver is candidate or agent; intent to induce vote. Defamation in election petitions – requirement to plead and prove exact words verbatim and demonstrate effect; accurate translation required. Appellate duty – reappraisal of evidence and independent assessment of trial court findings
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23 May 2022 |
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20 May 2022 |
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20 May 2022 |
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An intending appellant must serve a notice of appeal within prescribed time; failure to do so may justify striking out the election appeal.
Election appeals – timeliness and diligence – notice of appeal deemed lodged on presentation to registry – registrar endorsement records date/time but does not define lodging – failure to serve notice within prescribed seven days is an essential misstep justifying striking out under Rule 82 – discretionary relief (extension/validation) available but not sought.
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19 May 2022 |
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An election appeal was struck out because the appellant failed to serve the notice of appeal within the prescribed time.
Election law – election petition appeal – procedural timeliness of notices of appeal – service within seven days under Court of Appeal Rules; lodging versus registrar endorsement. Civil procedure – striking out appeals – Rule 82 Court of Appeal Rules – failure to take an essential step in time. Appellate practice – burden on appellant to prosecute appeal diligently and to prove timely service or seek extension of time
Costs – discretionary allocation in election petitions; parties to bear own costs where vote margin narrow
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19 May 2022 |
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An election appeal was struck out because the respondent failed to serve the Notice of Appeal within the prescribed time.
Election law – Appeal procedure – service of Notice of Appeal – whether time for service runs from presentation/lodging at registry or registrar’s endorsement; Rule 78(1) Court of Appeal Rules; Notices lodged when presented; failure to take essential step – striking out appeals; duty on intending appellant to prosecute election appeals expeditiously; discretion on costs.
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19 May 2022 |
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An election appeal was struck out because the respondent failed to serve the notice of appeal within the prescribed time.
Election appeals — service of notice of appeal — lodging vs registrar endorsement — Rule 78(1) timeliness — burden on appellant to prove timely service — duty to prosecute appeals expeditiously — striking out for failure to take essential step — discretion to extend time where sought.
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19 May 2022 |
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Agreed expert report established forged DR signatures; irregularities at one polling station substantially affected the election, so fresh elections were ordered.
Election law – admissibility and evaluative weight of documents admitted at scheduling – handwriting expert report – forgery of DR signatures – partisan affidavit evidence and need for corroboration – non‑compliance at single polling station affecting constituency result – remedy of setting aside election and ordering fresh elections.
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19 May 2022 |
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Trial of election petitions requires summoned, sworn witnesses; mandatory affidavit-only rule is void and striking out for affidavit defects was erroneous.
Election law — mode of proof — inconsistency between Rules and Parliamentary Elections Act — Rule 15(1) void to extent inconsistent with section 64(1)(a); petition affidavit is pleading; evidence to be by summoned, sworn witnesses (viva voce) though affidavits may be treated as witness statements if deponents are summoned and cross-examined; striking out petition for defective affidavits improper where statutory mode of summoning witnesses available.
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16 May 2022 |
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An election petition improperly struck out for defective affidavits must be remitted for viva voce trial; affidavit-only rule inconsistent with the Act.
Election law – Evidence at trial – Whether evidence in election petitions must be exclusively by affidavit – Rule 15(1) inconsistent with section 64(1)(a) of Parliamentary Elections Act – Affidavit in support as part of pleadings – Witnesses to be summoned, sworn and give viva voce evidence – Affidavits may be treated as witness statements if confirmed on oath and subject to cross-examination.
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16 May 2022 |
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An election petition should not be struck out for curable technical defects in affidavits but must be decided on its merits.
Election law – Election petitions – Affidavits – Validity of affidavits commissioned by advocate without a practising certificate – Technical defects in election petitions – Role of section 14A of the Advocates (Amendment) Act, 2002 and Article 126(2)(e) of the Constitution – Liberal approach to procedural technicalities – Remittal for retrial.
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15 May 2022 |
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Appellant failed to prove electoral offences; electronic evidence inadmissible for lack of authentication.
Election law – admissibility of electronic evidence – authentication under Electronic Transactions Act; Parliamentary Elections Act – illegal practices (fundraising/donations) and bribery – ingredients and standard of proof; publication of false statements about a candidate – requirements for publication and falsity; Illiterates Protection Act and Oaths Act – validity of translation certificates and jurat; professional conduct – advocate translating affidavits not automatically disqualifying; appellate duty in election appeals to re‑evaluate evidence.
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14 May 2022 |
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Consent orders cannot be used by parties to overturn appellate decisions or substitute for appellate court jurisdiction.
Election petitions — Consent orders — Jurisdiction of Registrar — Whether parties can by consent overturn lower court judgment on appeal — Authority to dispose of appeals — Appellate procedure — Forgery not established — Orders set aside for lack of jurisdiction and procedural impropriety.
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13 May 2022 |
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9 May 2022 |
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Nomination disputes are pre-poll matters under the Electoral Commission Act and must be appealed, not re-litigated in an election petition.
Electoral law — nomination complaints are pre-poll matters under the Electoral Commission Act (s.15) and appealable to the High Court (Art.64); failure to appeal to the High Court may constitute waiver; alleged nomination irregularities/forgeries are not necessarily illegal practices or voting offences under the Parliamentary Elections Act (Parts XI/XII); trial court properly struck out misframed nomination issues; remedies under s.63(4) are alternative.
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9 May 2022 |
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Oral notice of appeal under Rule 29 is valid and precludes later reliance on a written notice; application for extension dismissed.
Election petitions — appeals — Rule 29 Parliamentary Elections (Election Petitions) Rules permits oral notice of appeal at judgment without adopting written notice content requirements of Rule 76(3) — oral notice constitutes election/waiver of written route — memorandum filed within 14 days satisfies timelines for oral notice — application for extension/validation unnecessary and dismissed with costs.
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9 May 2022 |
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An oral notice of appeal under Election Petition rules is valid and waives reliance on a subsequent written notice; application struck out.
Election law – appeals from High Court – Rule 29 Parliamentary Elections (Election Petitions) Rules permits oral notice of appeal at judgment without written-form requirements; written notice requirements under Judicature (Court of Appeal Rules) do not apply to oral notices; election between oral and written notice is mutually exclusive (waiver); timelines for memorandum of appeal differ (14 days oral, 7 days written).
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9 May 2022 |
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Applicant failed to show sufficient reason for late filing; application dismissed and appeal struck out for lacking the required record of appeal.
Parliamentary Elections (Election Petition) Rules — strict timelines for filing records of appeal; extension of time requires "sufficient reason"; certificate of readiness by Registrar prima facie proof of supply of record; duty of appellant to diligently follow up; appeals filed without record may be struck out.
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9 May 2022 |
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Applicant failed to show sufficient reason for late record of appeal; validation denied and appeal struck out with costs.
Parliamentary election appeals — strict compliance with timelines — extension of time under Rule 5 Judicature (Court of Appeal Rules) Directions — sufficiency of reasons for delay — Registrar's certificate of readiness as proof of supply of record — diligence required of appellants — consequences of lodging appeal without record of appeal (striking out).
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9 May 2022 |
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A court lacks jurisdiction to extend mandatory statutory time limits for filing election petitions; proceedings after such extension are nullities.
Election law — statutory timelines — mandatory 14‑day filing period for local government election petitions — courts lack inherent jurisdiction to extend statutory time — extension without statutory basis renders subsequent proceedings a nullity; pre‑poll complaints to the Electoral Commission and remedial consequences where Commission fails to act.
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6 May 2022 |
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Strict compliance with election-appeal timelines is mandatory; a record filed one day late justified striking out the appeal.
Election law – compliance with timelines – notice of appeal – service after Registrar’s endorsement – record of appeal to be lodged within 30 days – computation of time (exclude day of filing) – failure to take essential step renders appeal a nullity – strike out.
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6 May 2022 |
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The court struck out an election petition appeal for failing to meet statutory filing deadlines.
Election Law – Appeal procedure – Timely filing of memorandums and records of appeal vital in election petitions – Consequences of failing statutory timelines.
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6 May 2022 |
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Nomination complaints belong to the Electoral Commission pre‑poll; petitioner failed to prove bribery or tender admissible evidence.
Electoral law — Pre‑poll nomination complaints — Jurisdiction of Electoral Commission as first instance and appeals to High Court; Evidence — Admissibility — foundational proof for court orders, hearsay and timing inconsistencies; Voter proof — National Voters’ Register required to prove a person is a registered voter; Election offences — Bribery must be proved with corroboration and proof recipients were registered voters; Appellate procedure — fresh issues not raised at trial cannot be entertained on appeal.
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6 May 2022 |
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Court held it had no jurisdiction to extend time that would breach the statutory six‑month appeal timeframe; appeal struck out.
Election law – Time limits for appeals in election petitions – Interaction between Parliamentary Elections Act and Election Petitions Rules and Court of Appeal Rules – Jurisdiction to extend time – Dilatory conduct and validation of appeals filed out of time – Striking out appeals.
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6 May 2022 |
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Rule mandating all election-trial evidence by affidavit is inconsistent with statutory requirement to summon and swear witnesses; petition remitted for viva voce trial.
• Election law – mode of adducing evidence – whether trial evidence must be exclusively by affidavit – inconsistency of Rule 15(1) with Parliamentary Elections Act (s.64(1)(a)). • Evidence – affidavits as pleadings vs viva voce evidence – witnesses to be summoned, sworn and available for cross-examination. • Procedure – striking out petition for defective affidavits where court may summon witnesses is erroneous; petition remitted for trial.
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6 May 2022 |
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The court struck out the notice of appeal due to failure in taking essential procedural steps.
Election petitions - procedural requirements - failure to file memorandum and record of appeal - consequences of procedural non-compliance
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6 May 2022 |
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Application to strike out election appeal for procedural non-compliance dismissed; timelines for filing and service were satisfied.
Election petitions – Failure to prosecute appeal – Timelines for filing and service of memorandum and record of appeal – Consequences of delay – Service of court documents – Strict compliance with procedural rules – Dismissal of application to strike out appeal.
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6 May 2022 |
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Strike‑out application dismissed where memorandum and record were timely filed and service rules were not breached.
Election appeals — procedure — essential steps to prosecute appeal — filing Memorandum of Appeal within 7 days — Record of Appeal within 30 days — service rules under Rule 80 and Rule 88 — computation of time and registry stamps — strike‑out application dismissed.
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6 May 2022 |
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Application to strike out election appeal dismissed; filing and service requirements were satisfied and no prejudice shown.
Election law – striking out appeals – failure to take essential steps – computation of filing time – Memorandum and Record of Appeal – Rules 30, 31, 80, 82, 88 – effect of court receipt stamps and payment of filing fees – service obligations and notice of address for service.
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6 May 2022 |
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Higher Ugandan qualifications or UNEB verification suffice to meet the minimum A‑level requirement for parliamentary nomination.
Constitutional and statutory qualifications for parliamentary candidates — meaning of "completed" Advanced Level — sufficiency of higher qualifications (diploma/degree) obtained in Uganda — role of UNEB verification letters — limits of election petitions in challenging validity of tertiary awards; section 4(13) Parliamentary Elections Act.
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6 May 2022 |
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Mandatory election-appeal timelines must be strictly followed; delay in filing the memorandum was fatal and the appeal was struck out.
Election law – Timeliness and mandatory procedural rules for parliamentary election petition appeals; Rule 83(2) of Court of Appeal Rules not applicable to election appeals; validation/extension of time; striking out appeals for failure to take essential steps; admissibility of additional evidence on appeal (newness, certification, evidential value).
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6 May 2022 |
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Applicant’s counsel failed to file the record and memorandum in time; right to appeal forfeited and application dismissed with costs.
Election law – Parliamentary Elections Act s.66 – six‑month duty to determine appeals – filing and certification of records – duties of Registrar and court staff – advocate’s dilatory conduct – failure to file memorandum and record – forfeiture of right to appeal – costs.
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6 May 2022 |
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4 May 2022 |
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4 May 2022 |
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4 May 2022 |
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3 May 2022 |
