Election Petitions of Uganda - 2016 January

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2 judgments

Citation	Judgment date
January 2016
Sentaro and Others v Forum for Democratic Change and 2 Others (Election Petition 83 of 2015) [2016] UGHCEP 335 (13 January 2016) Independent candidates lack locus to challenge party primaries; failure to exhaust party remedies and mootness bar relief. Electoral law – Locus standi – Party member who stands as independent ceases membership and cannot challenge party primaries. Electoral law – Mootness – Completed nominations render applications for fresh primaries academic. Internal remedies – Requirement to exhaust party dispute mechanisms (National Election Tribunal) before litigation. Civil procedure – Pleadings and evidence – omission from petition may be waived; absence of supporting evidence leads to dismissal.	13 January 2016
Electoral Commission v Bamwesigye (HCT-12-CV-MA 122 of 2014) [2016] UGHCEP 1 (8 January 2016) Whether leave to appeal a contempt ruling is permissible where compliance was allegedly impossible due to absent Parish Tribunals. Election law – leave to appeal – applicability of election petition rules (7-day notice) versus Judicature (Court of Appeal) Rules (14-day leave) and Order 44 CPR. Contempt – failure to conduct court-ordered elections – defence of impossibility where Parish Tribunals were not appointed by Judiciary. Civil procedure – preliminary objections of time-bar and res judicata – dismissal where arguable grounds for appeal exist.	8 January 2016