Election Petitions of Uganda - 2012

2 judgments
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2 judgments
Citation
Judgment date
November 2012
Failure to conduct a mandatory section 54 recount invalidated the declared result and warranted a fresh by-election.
Electoral law – Mandatory recount under section 54 where margin under fifty votes – Timeliness of recount request before transmission/declaration – Proof of disenfranchisement requires contemporaneous, corroborated evidence – Custody and sealing of ballot boxes and effect on recount.
1 November 2012
March 2012
Non‑compliance with Oaths Act s.6 is curable; undated affidavits should be expunged or regularised, not cause dismissal.
Oaths Act s.6 – directory not mandatory; undated affidavits may be dated in court or re‑sworn; court record controls; technical defects in affidavits should be cured not used to defeat election petitions; trial courts should strike out defective affidavits rather than dismiss petitions.
2 March 2012