Election Petitions of Uganda - 2011 August

2 judgments
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2 judgments
Citation
Judgment date
August 2011
Applicant failed to prove substantial non-compliance; election result upheld despite some unsigned DR forms.
Election law – compliance with Parliamentary Elections Act – alleged partisan officiating, falsification and wrongful invalidation of ballots – recount discretion under s.63(5) – declaration of results (DR) forms/signatures – standard of proof on balance of probabilities – manufactured/identical affidavits undermine credibility.
10 August 2011
Applicant failed to prove electoral irregularities substantially affected the LC III election; respondent's election declared valid; costs shared.
Local Government elections – s139 grounds for setting aside elections – burden and standard of proof (balance of probabilities); admissibility of affidavits – requirement of personal knowledge (Order 19 r3); Declaration of Results (DR) forms and polling registers as primary proof; bribery – must prove recipient was a registered voter and attach voter ID/polling register; illegal practices (bribery, undue influence, ballot stuffing) require cogent, corroborated evidence; defective or inconsistent affidavit in reply may render an answer unsupported.
8 August 2011